Task_Order_Solicitation_for_Code_Enforcement-_Re-solicit_(Addendum_#5_Revision).pdf

RLI

PD 24-25 - 070

TASK ORDER SOLICITATION FOR CODE ENFORCEMENT- RE-

SOLICIT

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: March 24, 2025

DEADLINE FOR QUESTIONS: April 4, 2025

RESPONSE DEADLINE: May 9, 2025, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

RLI

Task Order Solicitation for Code Enforcement- Re-solicit

1. Introduction

2. Scope of Work

3. Solicitation Terms & Conditions

4. General Terms and Conditions

5. Standard Insurance Requirements and Certificates

6. Insurance for Construction Contracts-General

7. Insurance for Construction Contracts-Pollution Liability

8. Evidence/Certificates of Insurance

9. Evaluation Criteria & Process

10. Vendor Submissions

Attachments:

A - [A] SAMPLE_of_Waste_Tire_Collector_Letter

RLI #PD 24-25 - 070

Title: Task Order Solicitation for Code Enforcement- Re-solicit

1. Introduction

1.1. Summary

Escambia County is seeking to qualify firms for lot cleanups and demolition services. This Request for

Letters Interest is continuous, and vendors may submit their qualifications for review past the initial submittal deadline. New deadlines will be posted periodically to allow the County to gather new submittals. Contractors selected by the BOCC will provide the requested services to the County on an as needed basis based upon Task Orders to be issued by the County under the continuing services contract(s). Compensation to the contractor/vendor for services rendered in connection with each Task

Order shall be based on individual bids for the actual work to be performed on the Task Order.

This Request for Letters of Interest is continuous, and vendors may submit their qualifications for review past the initial submittal deadline. New deadlines will be posted periodically to allow the County to gather new submittals.

1.2. Contact Information

Angela Jones

Senior Purchasing Coordinator

213 Palafox

2nd Floor

Pensacola, FL 32502

Email: ajjones@myescambia.com

Phone: (850) 595-4953

Department:

Purchasing

1.3. Timeline

Release Project Date March 24, 2025 mailto:ajjones@myescambia.com tel:(850)595-4953

Pre-Solicitation Meeting (Non-Mandatory) March 31, 2025, 10:00am https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNi

LWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?cont ext=%7b%22Tid%22%3a%222c937adb-d946-4b31-

90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

6-f7b8-4755-a254-bfa07774eb30%22%7d

Meeting ID: 273 433 756 672

Passcode: ga3eN3Wg

Dial in by phone

+1 863-333-5817,,195884262# United States, Lakeland

Find a local number

Phone conference ID: 195 884 262#

Question Submission Deadline April 4, 2025, 5:00pm

Submission Deadline May 9, 2025, 10:00am https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1

LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?co ntext=%7b%22Tid%22%3a%222c937adb-d946-

4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

6-f7b8-4755-a254-bfa07774eb30%22%7d

Meeting ID: 216 594 427 851

Passcode: y58yC9Gy

Dial in by phone

+1 863-333-5817,,441126948# United States, Lakeland

Find a local number

Phone conference ID: 441 126 948#

2. Scope of Work https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNiLWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNiLWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNiLWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNiLWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNiLWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNiLWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0MGEzZDUtNTkzYy00YjNiLWJiODgtMjlmZDRiYjE1ZGRh%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNkYjA1YTQtNzc5NC00YTU1LWI0OTctNjkxMmUyOTkxYTRm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d

2.1. Scope of Work

Nuisance Abatements

General Scope:

Removal and legal disposal of all nuisance conditions such as trash, debris, rubbish, items holding water or no longer being used for it’s intended purpose. Removal and legal disposal of all overgrowth. clearing along all fence rows and/or property lines. This includes all underbrush, scrub oaks, overgrowth around all trees, and perimeter of any structures. Board up any broken windows or open doors with 1/2” CDX plywood. Remove and dispose of all vines on gates. Grounds to be left clean of any clippings, cuttings, sticks, or other debris, this includes walkways, sidewalks, and roadway. Any ruts, holes, or uneven areas caused by contractors equipment or due to cutting and cleaning should be left smooth and even so property can be easily maintained in the future. This scope is provided only as a general guide to cleanup. Additional information could be discussed and added during the mandatory property walkthrough, taking notes is encouraged.

Demolition of Dilapidated Structures

General Scope:

Ensure all utilities are disconnected and inspections are completed as required. Demolition and legal disposal of all structures described in mandatory walk-through. Obtain septic tank abandonment permit from the Health Department, have tank pumped and inspected. Photograph all stages of tank abandonment. Removal and legal disposal of all nuisance conditions such as trash, debris, rubbish, items holding water or no longer being used for its intended purpose. Removal and legal disposal of all overgrowth. clearing along all fence rows and/or property lines. This includes all underbrush, scrub oaks, overgrowth around all trees, and perimeters of any structures. Remove and dispose of all vines on gates.

Grounds to be left clean of any clippings, cuttings, sticks, or other debris, this includes walkways, sidewalks, and roadway. Any ruts, holes, or uneven areas caused by contractors' equipment or due to cutting and cleaning should be left smooth and even so property can be easily maintained in the future.

Grade out lot after demolition.

Demolition permits are required unless otherwise advised. Slabs must be removed. Contractors to call building inspection for a pre-bid inspection and a final demolition inspection. Do not invoice the project until you have been notified that your permit has passed.

Do not begin any work until your task order is approved. Contractors are responsible for proper permits and requirements, and

Requirements, and filings, which are in place with Florida department of environmental protection.

Contractor will be responsible for any fines or penalties should any work be performed without meeting all permitting and reporting requirements. This is just a general scope of demolition projects. Specific instructions will be provided at each location. Asking questions and taking notes is encouraged.

Contractor is responsible or confirming all lot sizes. This can be done with the Escambia County property appraisers' website.

http://www.escpa.org/cama/Search.aspx

Demolition of Residential/Commercial Properties

Ensure all utilities are disconnected and inspections are completed as required. Demolition and legal disposal of all structures described in mandatory walk-through. Obtain septic tank abandonment permit from Health Department, have tank pumped and inspected. Photograph all stages of tank abandonment. Removal and legal disposal of all nuisance conditions such as trash, debris, rubbish, items holding water or no longer being used for its intended purpose. Removal and legal disposal of all overgrowth. clearing along all fence rows and/or property lines. This includes all underbrush, scrub oaks, overgrowth around all trees, and perimeters of any structures. Remove and dispose of all vines on gates.

Grounds to be left clean of any clippings, cuttings, sticks, or other debris, this includes walkways, sidewalks, and roadway. Any ruts, holes, or uneven areas caused by contractors' equipment or due to cutting and cleaning should be left smooth and even so property can be easily maintained in the future.

Grade out lot after demolition.

Demolition permits are required unless otherwise advised. Slabs must be removed. Contractors to call building inspection for a pre-bid inspection and a final demolition inspection. Do not invoice the project till you have been notified that your permit has passed.

Contractors are responsible for proper permits and requirements, and filings, which are in place with

Florida department of environmental protection. Contractor will be responsible for any fines or penalties should any work be performed without meeting all permitting and reporting requirements.

This is just a general scope of demolition projects. Specific instructions will be provided at each location.

Asking questions and taking notes is encouraged.

Contractor is responsible or confirming all lot sizes. This can be done with the Escambia County property appraisers’ website

Property Cleanups (Vacant Lots, Residential/Commercial Properties)

Removal and legal disposal of all nuisance conditions such as trash, debris, rubbish, items holding water or no longer being used for it’s intended purpose. Removal and legal disposal of all overgrowth. clearing along all fence rows and/or property lines. This includes all underbrush, scrub oaks, overgrowth around all trees, and perimeter of any structures. Board up any broken windows or open doors with 1/2” CDX plywood. Remove and dispose of all vines on gates. Grounds to be left clean of any clippings, cuttings, sticks, or other debris, this includes walkways, sidewalks, and road way. Any ruts, holes, or uneven areas caused by contractors equipment or due to cutting and cleaning should be left smooth and even so property can be easily maintained in the future. The Task Order Scope is provided only as a general guide to cleanup. Additional information could be discussed and added during the mandatory property walkthrough when Task Order is issued.

Vendors must supply a copy of their Waste Tire Collector Letter from the State. See example in attachments.

2.2. Applying For County Approved Contractor With Escambia County Environmental Enforcement

Summary Abatement/ County Abatement, Cleanups and Demolitions. Submissions should be submitted in the following format:

• TAB 1 - Submit a cover letter. The letter should include the business address, telephone number, e-mail address and the names of all company owners, that are authorized to sign a contract and whom the county can contact for additional information.

• TAB 2 - Company Profile. Provide a brief profile of the company, which would include the length of time in business. State whether the company is applying to be a Cleanup Contractor or

Demolition Contractor or both.

• TAB 3 - Demo Contractors - List name of licensed contractor used for demolitions and provide copy of license. All Contractors - Submit Waste Tire Collector Letter.

• TAB 4 - Professional references. Provide a list of references with names, titles, phone numbers and e-mail address the county may contact for more information.

• TAB 5 - Please review the Scope of Work listed below for both Demolitions & Cleanups. Explain how your company would accomplish these tasks.

• TAB 6 - Purchasing Required Documents. Download from Vendor Submissions section and upload as part of your proposal.

2.3. Selection Process

Interested Vendors will submit their response(s) in accordance with the solicitation. Escambia County staff will review all responses and will provide the recommendation to award to the Procurement Office, the County Administrator, and the BOCC. The BOCC will award the contract(s) to the most responsive and responsible vendor(s). The County shall consider such factors as the ability/qualifications of professional personnel, past performance, similar county projects, specifically in Florida, and willingness to meet time and budget requirements.

2.4. Insurance Requirements for Task Order Based Agreements

Interested vendors should provide a letter of insurability as noted in the Vendor Submission section of the solicitation, and the Insurance sections of the solicitation, ensuring vendors can obtain the levels of coverage requested should they be awarded an task order under the agreement for the requested services. The Certificate of Insurance with all requested coverages will need to be furnished by the vendor upon issuance of a task order under this contract.

2.5. Evaluation Criteria

Submissions will be evaluated on a pass/fail basis.

3. Solicitation Terms & Conditions

Submission of a proposal in accordance with these Terms and Conditions and the General Terms and

Conditions provided in Section IV below constitutes a binding offer from the respondent. The Terms and

Conditions incorporated herein will become a part of the written agreement between the parties.

Pre-Proposal Inquiries

All inquiries concerning the solicitation, including, but not limited to, the scope of work, specifications, additional requirements, attachments, general or supplemental terms and conditions, must be submitted to the Office of Purchasing via email through the e-procurement portal hosted by OpenGov.

All questions or inquiries must be received no later than the last day for questions stated on the cover page of the solicitation. Any modification to the solicitation documents will be in the form of a written addendum issued by the County not less than five (5) days prior to the date and time of solicitation closing. Addenda will be provided to each respondent via email and will be posted to the Escambia

County website at Escambia County Solicitations

(https://procurement.opengov.com/portal/escambiacountyfl). Such written addenda or modification shall be part of the solicitation documents and shall be binding upon each respondent. Each respondent is required to submit with the proposal a written acknowledgment to confirm receipt of any and all addenda. No respondent may rely upon any verbal modification to or interpretation of the solicitation documents, and no interpretation shall be considered binding unless provided in writing by the Office of

Purchasing as provided in this provision.

Examination of Documents and Site

Before submitting a proposal, the Respondents shall familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials, and labor required. Respondent shall also examine all drawings, specifications, addenda, and other relevant documents to be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract.

Preparation of Proposal

The Proposal shall be based upon the completion of the Scope of Work according to the drawings and specifications, together with all addenda thereto. The proposal must be executed by an individual listed as an authorized representative with the records on file with the Florida Division of Corporations https://procurement.opengov.com/portal/escambiacountyfl website (Sunbiz) with the principal address provided below the signature. The proposal shall include evidence of respondent’s authority and qualification to do business in the State of Florida.

As applicable, a state contractor license # for the State of Florida shall also be included in the proposal, and Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

Recommended Proposal Preparation Guidelines

All respondents shall provide a straightforward and concise description of their ability to meet the proposal requirements. The proposal shall clearly show the technical approach to include work tasks, estimated time phasing and the proposed approach. The County discourages overly lengthy or costly proposals, all proposals shall be submitted in one electronic file.

Integrity of Documents

Respondents shall use the original solicitation documents in the format provided by the Escambia

County Office of Purchasing and enter information only in the spaces where a response is requested.

Submittal of Proposal

A proposal shall be submitted no later than the date and time prescribed in the Request for Proposal and shall be accompanied by all required documents. It is the respondent’s responsibility to ensure that its proposal is delivered at the proper time.

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

Identification of Subconsultants/Changes After the Fact

After submitting a proposal in response to this solicitation, respondents are prohibited from substituting, modifying, or amending the sub-consultants identified in the submittal at any time during the course of the solicitation process up to the final award of contract and including question and answer sessions, presentations or technical clarifications and submittals as may be required by the

Review/Selection Committee. A substitution or addition of sub-consultants or any other material changes to the submittal after the initial response will cause the submittal to be invalid for review and selection purposes.

Withdrawal of Submittals

Any respondent may withdraw its submittal, either personally or by written request, at any time prior to the scheduled time for opening submittals. Requests to alter or withdraw an offer must be submitted in writing to the Purchasing Director. Submittals may not be altered or unilaterally withdrawn by the respondent after the scheduled time for submittal opening. All offers not so withdrawn shall constitute an irrevocable offer and will remain subject to acceptance or rejection by the County for a period of 90 calendar days.

Proposal to Remain Subject to Acceptance

All proposals will remain subject to acceptance or rejection by Escambia County for ninety (90) calendar days after opening Submittals.

https://procurement.opengov.com/portal/escambiacountyfl/projects/156643?section=undefined

Conditional or Incomplete Proposals

Escambia County specifically reserves the right to reject any conditional or incomplete proposal.

Addition/Deletion of Item(s)

The County reserves the right to add or delete any item from this solicitation or resulting contract when deemed to be in the County’s best interest.

Changes to Specification

Specifications are based on the most current literature available. The Office of Purchasing must be notified in writing of any proposed changes to the manufacturer’s specifications, including, but not limited to, materials used, manufacturing process, or construction, that conflict with the specifications provided in the solicitation. Proposed changes must be explained in detail along with a copy of the relevant manufacturer’s specifications. Proposed changes to the specifications provided in the solicitation shall not be binding upon the County unless evidenced by a Change Notice issued and signed by the Purchasing Director. Should Respondent fail to comply with this provision, Respondent will be liable for any costs incurred by the County to comply with the specifications provided in the solicitation.

Disqualification of Respondents

Any of the following reasons may be considered as sufficient for the disqualification of a respondent and the rejection of its proposal:

• Submission of more than one proposal for the same work from an individual, firm, or corporation under the same or different name. Evidence that the respondent has a financial interest in the firm of another respondent for the same work.

• Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant has been reinstated as a qualified respondent.

• Uncompleted work which in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded.

• Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the solicitation or default under a previous contract.

• Listing of the respondent by any Local, State or Federal Government/Agency on its debarred/suspended vendor list.

Investigation of Respondent

The County may make such investigations, as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest as it relates to the project. The respondent shall furnish to the County any additional information and financial data for this purpose as the County may request.

Negotiations

Should negotiations be required, the contents of the proposal of the successful firm shall become a basis for contractual negotiations.

Evaluation of Proposals and Award of Contract

Escambia County will review all proposals and will provide the recommendation to award to the County

Administrator, and the Board of County Commissioners. The County will award the proposal to the most responsive and responsible firm(s). The County reserves the right to award the proposal to the respondent submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Escambia County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final.

Escambia County reserves its right to reject any or all Proposals, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Proposals. The County further reserves the right to reject the Proposal of any Respondent whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating Respondents, the County may consider the qualifications of

Respondents and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as a part of the Proposal.

Escambia County reserves the right to waive any informalities or reject any and all submissions, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this solicitation, and to accept the proposal that in its judgment will best serve the interest of the County.

Award

Multiple awards will be made based upon responsibility and responsiveness to the needs of the County.

It is the intent of the County to place Purchase/Task Orders with the responsive and responsible bidders who can provide the services based upon the needs of the County at the time.

Form of Agreement

The Contract form shall be provided by the Office of Purchasing. The successful respondent shall, within

5 days after receipt of the Notice of Award and the contract forms or documents, sign and deliver to the

County Legal Office all required contract documents. Failure to execute the contract within such period shall constitute a default, and the county may award the contract to the next responsive and responsible proposal or re-solicit and charge against the respondent the difference between the amount of the offer and the amount for which a contract is subsequently executed, irrespective of whether the amount due exceeds the amount of the bid surety. The awarded respondent shall also deliver the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Escambia

County Risk Manager before the successful respondent may proceed with the work.

Contract Term/Renewal/Termination

A. The contract resulting from this solicitation shall commence effective upon execution by both parties and extend for a period of Thirty-Six (36) months. The contract may be renewed for additional twelve (12) month periods, up to a maximum Thirty-Six (36) months upon mutual agreement of both parties. If any such renewal results in changes in the terms or conditions, such changes shall be reduced to writing as an amendment to the contract and such addendum shall be executed by both parties and approved by the Board of County Commissioners.

B. Renewal of the contract shall be subject to appropriation of funds by the Board of County

Commissioners.

C. The initiating County department(s) shall issue (purchase) orders on an “as needed” basis.

D. The contract may be canceled by the awarded firm, for cause, upon ninety (90) days prior written notice.

E. The County retains the right to terminate the contract, with or without good cause, upon (30) days prior written notice.

F. In the event of termination by either party as provided herein, the awarded firm shall be paid for services performed through the date of termination.

Option to Extend the Term of the Contract

After exercising all options to renew, if it is determined that interim performance is necessary to allow for the solicitation and award of a new contract, the County may extend this Agreement for up to an additional six (6) months. The County shall provide written notice to the Contractor no later than thirty

(30) days prior to the expiration of the last one (1) year renewal period. All other terms and conditions of the contract shall apply to the option periods.

Indemnification

Offeror agrees to save harmless, indemnify, and defend County and their elected and appointed officials, agents, officers and employees from any and all claims, losses, penalties, interest, demands, judgements, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the work performed by Offeror under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted Offeror; or resulting from the use by Offeror, or by any one for whom

Offeror is legally liable, of any materials, tools, machinery or other property of County.

County and Offeror agree the first $100.00 of the Contract Amount paid by County to Offeror shall be given as separate consideration for this indemnification, and any other indemnification of County by

Offeror provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Offeror by Offeror’s acceptance and execution of the Agreement.

The Offeror's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. The Offeror agrees to pay on behalf of

Escambia County, as well as provide a legal defense for the County, both of which will be done only when requested by the County, for all claims made. Such payment on behalf of the County shall be in addition to all other legal remedies available to the County and shall not be the County's exclusive remedy.

4. General Terms and Conditions

The following General Terms and Conditions are incorporated by reference and have the same legal effect as if printed in its entirety.

A full textual copy of these conditions may be obtained by visiting the Office of Purchasing web site (see

Bid information below), by telephoning the Office of Purchasing at 850-595-4980, by Fax at 850-595-

4806, or by email at purchasing@myescambia.com.

Note: Any and all Special Terms and Conditions, and any specifications referenced within the solicitation, which varies from these General Terms and Conditions shall have precedence. Submission of the Bidder’s/Proposer’s Solicitation, Offer, and Bid/Proposal Form(s) in accordance with these

General Terms and Special Terms and Conditions constitutes an offer from the Offeror. The conditions incorporated herein become a part of the written Agreement between the parties.

Any and all supplemental Solicitation Terms and Conditions provided in section III above and the specifications referenced within the solicitation which vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and

Supplemental Terms and Conditions constitutes a binding offer from the offeror. The terms and conditions incorporated herein will become a part of the written agreement between the parties.

Prospective offerors may utilize the Office of Purchasing Home Page to obtain Vendor Information and

Solicitation Information, including Bid/Proposal Tabulations, Recommended Award(s), etc. In order to participate in a solicitation, offerors must establish an account via the e-procurement portal of the

County’s vendor management software hosted by OpenGov. Once the vendor registration is completed, the offeror will receive all notifications relating to the relevant solicitation via e-mail to the address registered with the account.

1.Sealed Solicitations: All solicitation forms shall be executed and submitted in the e-procurement portal of the County’s vendor management software. The file name shall contain the solicitation number and title and the contractor/vendor’s name. All solicitations are subject to the terms and conditions specified herein. Solicitation offers which do not comply with these terms and conditions are subject to rejection.

2.Execution of Solicitation: Solicitation forms shall be manually or electronically signed by an authorized representative in the space provided. Persons signing on behalf of a corporate entity must be identified as President or Vice President with the records on file with the Florida Division of Corporations or otherwise authorized by corporate resolution of the Board of Directors. Persons signing on behalf of a limited liability company must be identified as a managing member or other authorized representative with the records on file with the Florida Division of Corporations.

3.No Offer: If not submitting an offer, respond by selecting the “NO BID” option in the e-procurement portal of the County’s vendor management software, specify the reason in the drop-down menu, and confirm the “NO BID” before the expiration of the Submission Deadline.

4. Conduct of Participants: The following policy will apply to all solicitations:

Conduct of Participants.

mailto:purchasing@myescambia.com

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

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

Purchasing Manager.

Definitions.

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

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

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

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

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

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

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

a. Discounts: Discounts for prompt payments shall not be considered when determining the lowest net cost for solicitation evaluation purposes except in cases of tie solicitations.

9. Product Literature: Offeror shall provide a copy of any relevant product literature and price list(s) with the offer.

10. Abnormal Quantities: Should any unusual or abnormal quantity requirements arise, the County reserves the right to solicit separate offers as a multiple award.

11. Additional Quantities: For a period not exceeding one hundred eighty (180) days from the date of the offer, the County reserves the right to purchase additional quantities at the prices offered in this solicitation. If additional quantities are not acceptable, the contractor must specify “OFFER IS FOR

SPECIFIED QUANTITY ONLY”.

12.Approved Equivalents: Any manufacturer’s name, trade name, brand name, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The contractor may offer any brand for which it is an authorized representative that meets or exceeds the specifications for any item(s). Customary measurements appearing in these specifications are not intended to preclude offers for commodities with metric measurements. If an offer includes equivalent products, indicate the manufacturer’s name and number. The contractor shall submit with its offer applicable cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous solicitation will not satisfy this provision. Escambia County reserves the right to determine acceptance of item(s) as an approved equivalent. Offers that do not comply with these requirements are subject to rejection.

13. Nonconformance to Specifications: Items may be tested for compliance with the contract specifications by a testing laboratory acceptable to the County. The County may require the contractor to reimburse all costs incurred by the County in connection with the examination or testing of the commodity, including costs relating to transporting the commodity samples to the testing site, actual test costs, personnel costs and other applicable costs should the items fail testing. The data derived from any tests for compliance with the contract specifications are public records and open to examination in accordance with Chapter 119, Florida Statutes. Items delivered that do not conform to the contract specifications may be rejected and returned at contractor’s expense. These items and items not timely delivered by the delivery date specified in the solicitation and/or purchase order may result in the contractor being found in default, in which event, any and all re-procurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in contractor’s name being removed from the Office of Purchasing registered vendor list, and the County not doing business with the contractor until such time as the County has been reimbursed for all re-procurement costs.

14. Service and Warranty: Unless otherwise specified, the offeror shall define any warranty service and replacements that will be provided at no cost to the County during and subsequent to the contract term.

15. Condition and Packaging: All items shall be a new, current standard production model available at the time of the solicitation. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

16. Safety Standards: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements, standards, and regulations of the

Occupational Safety and Health Act (OSHA).

17. Delivery: Delivery shall be Monday through Friday during regular business hours, excluding County designated holidays, unless otherwise specified. Unless a date is specified, contractor must provide the number of days required to make delivery after receipt of purchase order. The County may utilize delivery time as a factor for recommending the award.

18. Inspection, Acceptance and Title: Inspection and acceptance will be at “the place of destination” unless otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County, unless loss or damage results from negligence by the County.

The contractor shall be responsible for filing, processing, and collecting all damage claims.

19. Samples: Samples of items shall be furnished at no expense to the County. If not destroyed and upon written request, samples will be returned at the contractor’s expense. Each sample shall be labeled with the contractor’s name, manufacturer’s brand name, and serial number (as appropriate), solicitation number, and item reference. Requests to return samples must be received within 10 days after the solicitation opening date and must be accompanied by instructions with the applicable shipping authorization number and name of carrier. If instructions are not received, sample items become the sole property of the County and may be disposed of at the County’s discretion.

20.Submission Deadline; Solicitation Opening: The solicitation opening shall be public and, unless otherwise stated in the solicitation, immediately following the Submission Deadline. Offers that are not timely submitted in the e-procurement portal of the County’s vendor management software will not be considered.

21.Award: The County reserves the right to waive any informalities and accept or reject any and all offers and to make award to the lowest most responsive and most responsible offeror(s) whose offer meets the requirements and criteria set forth in the solicitation and whose award will, in the opinion of the County, be in the best interest of and most advantageous to the County.

22. Protests: Any actual bidder/proposer who is aggrieved in connection with a pending award may submit a protest in writing to the Purchasing Director within two business days after the posting of the award recommendation as provided in Sec. 46-101, Escambia County Code of Ordinances.

23. Solicitation Expenses: The County accepts no responsibility for any expenses incurred by the offeror in the solicitation preparation and submittal as well as any other requirements as may be specified in the solicitation. All such expenses are borne solely by the offeror.

24. Taxes. Escambia County does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does not apply to the purchases of tangible personal property by contractors who use the tangible personal property in the performance of contracts for the improvement of County owned real property.

25.Invoicing and Payment. Payments shall be made in accordance with the Local Government Prompt

Payment Act, §§218.70, et seq., Florida Statutes, as amended.

26. Improper Invoice; Resolution of Disputes: Improper invoices for construction services and non-construction services will be processed in accordance with Sections 218.735(2)-(5) and 218.736(1), Florida

Statutes, respectively. In the event a dispute occurs between a contractor and the County concerning payment of an original invoice, such dispute shall be finally determined by the County pursuant to the

County’s Dispute Resolution Procedure established in accordance with Section 218.76(2), Florida Statutes.

27. Conflict of Interest: The offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The offeror further represents that no person having any such interest shall be employed by it during the agreement term and any extensions. The offeror shall promptly notify the

Purchasing Director, in writing, of any potential conflict of interest which may influence or appear to influence the contractor’s judgment or quality of services.

28. Contingent Fees: The offeror warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the offeror to solicit and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the offeror any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of an agreement. For the breach or violation of this provision, the

County shall have the right to terminate any resulting contract without liability and at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

29. Code of Ethics; Gifts: The award hereunder is subject to the provisions of Chapter 112, Part III, Florida

Statutes, regarding the Code of Ethics for Public Officers and Employees, and the Escambia County Code of Ethics Policy. Contractors are required to promptly disclose to the Purchasing Director any gifts or gratuities offered to or solicited by any County employee or public officer. The right of the Contractor to proceed may be terminated by the County if, after notice and hearing, the Purchasing Director determines that the Contractor, its agent, or another representative offered or gave a gratuity, including, but not limited to, money, services, travel, entertainment, or gifts to an officer, official, or employee of the County under circumstances where it may be reasonably inferred that the action of the Contractor was intended to obtain a contract or favorable treatment under a contract. If the resulting contract is terminated under this clause, the County will be entitled to pursue the all available legal remedies, including an action for breach of contract. The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

30. Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items prior to delivery, it shall be the responsibility of the contractor to provide written notice to the Office of Purchasing identifying the applicable restrictions or regulation(s) that necessitate the alteration. The County reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County.

31. Legal Requirements: This solicitation shall be conducted in accordance with the provisions of the

Escambia County Purchasing Ordinance, and all applicable laws and regulations of the State of Florida and the Escambia County Code of Ordinances shall apply to any resulting contact. Applicable provisions of all federal, state, and local laws, ordinances, rules, and regulations shall govern development, submittal, and evaluation of all offers received in response hereto and shall govern any and all claims and disputes which may arise regarding this solicitation or any resulting contract; and lack of knowledge by any offeror shall not constitute a cognizable defense against the legal effect thereof.

32. Compliance with Laws. The contractor agrees to comply with all applicable federal, state and local laws, rules, policies, or guidelines related to this offer and the performance of any resulting contract, including, but not limited to, the requirements of the Americans with Disabilities Act (ADA), the

Occupational Safety and Health Act (OSHA), the Equal Employment Opportunity (EEO) Act, and the Illegal

Immigration Reform and Immigrant Responsibility Act, as amended, (8 U.S.C.A. §1324a).

33. Patents and Royalties: In addition to any other indemnification obligation, the contractor shall hold harmless, indemnify and defend the County and its officers, agents, and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the offeror. The contractor has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the

County’s alteration of the article. The County will provide prompt written notification of a claim of copyright or patent infringement and will afford the contractor full opportunity to defend the action and control the defense.

Further, if such a claim is made or is pending, the contractor may, at its option and expense, procure the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood that the offered prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

34.Public Records: Any documents submitted in response to this solicitation may be subject to disclosure pursuant to the provisions of Florida’s Public Records Act, Chapter 119, Florida Statutes. Contractor waives any claim of confidentiality upon submission of its offer. Records that are exempt or exempt and confidential will not be disclosed to any third-party except as authorized by law. Pursuant to Section

119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

35. Equal Employment Opportunity: In the performance of the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical handicap.

36. Florida Preference: Pursuant to Section 287.084, Florida Statutes, and Sec. 46-105, Escambia County

Code of Ordinances, when the lowest most responsible and most responsive offer is by an offeror whose place of business is in a state which grants a preference for the purchase of personal property to a…