VSPC_Branded_Temporary_Fence_(Addendum_#2_Revision).pdf

INVITATION TO QUOTE

23-0222-ITQ

VSPC BRANDED TEMPORARY FENCE

Pinellas County

Pinellas County Courthouse Annex Bldg., Sixth Floor

Clearwater, FL 33765

RELEASE DATE: November 8, 2022

DEADLINE FOR QUESTIONS: November 16, 2022

RESPONSE DEADLINE: November 29, 2022, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Pinellas County

INVITATION TO QUOTE

VSPC Branded Temporary Fence

Table of Contents No table of contents entries found.

Attachments:

A - Vendor References

B - VENDORS MUST COMPLETE THE FOLLOWING

C - Branded Temporary Fence Specifications for Purchasing- Final

C - Electronic Payment (EPAYABLES)

D - Pic of smaple fence

E - Branded_Temporary_Fence_Specifications_for_Purchasing-_Final_

Invitation to Quote #23-0222-ITQ Title: VSPC Branded Temporary Fence

1. NOTICE

Purchasing and Risk Management

To All Firms Interested in Responding to this Solicitation:

It is policy of the Board of County Commissioners that Small Business Enterprise (SBE) firms have the maximum opportunity to participate for all contracts ranging from five thousand ($5,000) to one hundred thousand dollars ($100,000).

A Sheltered Market has been established providing first opportunity to qualified firms located in

Pinellas, Hillsborough, Pasco, and Manatee Counties for all contracts ranging from five thousand

($5,000) to one hundred thousand dollars ($100,000).

If your firm is not registered with Pinellas County as an SBE and meets the following criteria:

• Company total sales do not exceed the maximum 3-year average gross revenue of 3 million dollars for businesses providing goods/services or gross revenues not exceeding 8 million for construction service providers

• The number of employees of the company does not exceed the maximum 3-year average of 50 employees

Your firm must register as an SBE through the Pinellas County Department of Economic Development www.pced.org/. Once your firm has been registered and certified as an SBE through Pinellas County

Department of Economic Development, a sheltered market award may be made to your firm accordingly.

If you have questions pertaining to your status or seek further explanation/information, you may contact the Pinellas County Department of Economic Development at 727-464-7332.

Sincerely, Merry Celeste, CPPB

Division Director

Purchasing and Risk Management http://www.pced.org/

2. INTRODUCTION

THE MISSION OF PINELLAS COUNTY

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

The Purchasing and Risk Management Division for the Pinellas County Board of County Commissioners has transitioned to OpenGov Procurement for contractor/vendor registration, and for posting, submitting and receiving bids, quotes and proposals for active solicitations. Contractors/Vendors must register with OpenGov Procurement (https://procurement.opengov.com/signup) to bid on active

County solicitations.

Should you need technical assistance with OpenGov, the following options are available for assistance:

▪ Phone: (855) 680-4747, 8 a.m. to 8 p.m., Monday - Friday

▪ Email: procurement-support@opengov.com

▪ Chat is available in the OpenGov application

▪ Web: https://help.procurement.opengov.com

Please Note:

From time to time, addenda may be issued to this solicitation. Any such addenda will be posted on the same Web site, www.pinellascounty.org/purchase/Current_Bids1.htm , from which you obtained this solicitation.

Before submitting, you should check our Web site to download any addenda that may have been issued. Please remember to sign and return Addenda Acknowledgement Form with completed bid package if applicable.

AUTHORIZED BY:

Merry Celeste, CPPB

Division Director of Purchasing and Risk Management

2.1. Summary

The Sports & Events Department of the Pinellas County Convention and Visitors Bureau (CVB) is seeking bids for a branded temporary outfield fencing system for use in high exposure events that have a large viewing audience for the purposes of increased brand exposure.

2.2. Contact Information

Jamie Mclane

Procurement analyst asst.

400 Fort. Harrison

Clearwater, FL 33765

Email: jmclane@co.pinellas.fl.us

Phone: (727) 464-4106

Department:

CONVENTION & VISITORS BUREAU

2.3. Timeline

Release Project Date November 8, 2022

Question Submission Deadline November 16, 2022, 3:00pm

Proposal Submission Deadline November 29, 2022, 3:00pm mailto:jmclane@co.pinellas.fl.us tel:(727)464-4106

3. GENERAL CONDITIONS

3.1. ACCEPTANCE - ENTIRE AGREEMENT

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

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

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

3.2. ASSIGNMENT/SUBCONTRACTING

The Contractor shall provide the Services required by this Agreement. No assignment or subcontracting shall be allowed without prior written consent of the Pinellas County. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the Pinellas County, within (30) business days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. In that event, the Pinellas County may terminate this Agreement in those instances in which a corporate acquisition and/or merger represents a conflict of interest or contrary to any local, state or federal laws.

3.3. CAPTIONS

Captions have been provided for the benefit of the parties, and for reference only, and are not deemed to be part of the agreement created.

3.4. COMPENSATION

Pinellas County shall pay Contractor upon Contractor's completion of, and Pinellas County's acceptance of, the services required herein, as specified. All payments shall be made in accordance with the Local

Government Prompt Payment Act, Florida Statutes Section 218.70.

3.5. INVOICING

Invoice(s) must be submitted to the billing address indicated on the face of the Standard Purchase

Order. Each invoice shall include, at a minimum, the Supplier's name, contact information and the standard purchase order number. The County may dispute any payments invoiced by Supplier in accordance with the County's Dispute Resolution Process for Invoiced Payments, established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County's Dispute Resolution Process.

3.6. NAME CHANGES

The successful contractor is responsible for immediately notifying the Purchasing and Risk Management

Division of any company name change, which would cause invoicing to change from the name used at the time of the original purchase order or solicitation.

3.7. EPAYABLES

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

County does not charge vendors to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information, please visit Pinellas County purchasing website at www.pinellascounty.org/purchase.

3.8. COMPLIANCE WITH APPLICABLE LAWS

Contractor certifies that all of the products and services to be furnished hereunder will be manufactured or supplied by Contractor in accordance with all applicable provisions of State, Local and Federal laws, as of this date. The laws of the State of Florida apply to any and all purchases made. Contractors shall comply with all local, state, and federal directives, orders and laws including, but not limited to, Equal

Employment Opportunity (EEO), Minority Business Enterprise (MBE), and OSHA.

3.9. DISCOUNTS

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

3.10. FISCAL NON-FUNDING

In the event that sufficient budgeted funds are not available for a new fiscal period, the Pinellas County shall notify the Contractor of such occurrence and the Agreement shall terminate on the last day of then current fiscal period without penalty or expense to the Pinellas County.

3.11. GOVERNING LAW

The laws of the State of Florida shall govern this agreement.

3.12. INDEMNITY PROVISION

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

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

3.13. INDEPENDENT CONTRACTOR STATUS AND COMPLIANCE WITH THE

IMMIGRATION REFORM AND CONTROL ACT OF 1986

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

Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to http://www.pinellascounty.org/purchase comply with the above provisions of the agreement shall be considered a material breach and shall be ground for immediate termination of the agreement.

3.14. TRUTH IN NEGOTIATIONS

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

3.15. INQUIRIES

Any inquiries relative to Purchase Order should be directed to the Purchasing and Risk Management

Division. Collect telephone calls will not be accepted.

3.16. INSPECTION

Goods rejected due to inferior quality or workmanship will be returned to Contractor with charge for transportation both ways, plus labor, loading, packing, etc., and are not to be replaced except upon receipt of written instructions from Pinellas County.

3.17. MATERIAL QUALITY

All materials purchased and delivered against this agreement will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours of notice to the Contractor at no charge to the Pinellas County.

3.18. MATERIAL SAFETY DATA

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

3.19. NON-EXCLUSIVE AGREEMENT

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

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

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

OBTAINED BY AND/OR BORNE BY CONTRACTOR

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

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

3.21. PRICES

Prices are F.O.B. destination unless otherwise specified and agreed to by the Pinellas County.

3.22. DELIVERY/CLAIMS

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

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

3.23. PURCHASE ORDER NUMBER

Purchase Order Number must appear on all packing slips, invoices and all correspondence relating to the

Order. Pinellas County will not be responsible for goods delivered without a Purchase Order Number.

3.24. REMEDIES

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

3.25. RIGHT TO AUDIT

Pinellas County reserves the privilege of auditing a contractor's records as such records relate to purchases between Pinellas County and said contractor. Such audit privilege is provided for within the text of the Pinellas County Code §2-187. Records should be maintained for five (5) years from the date of final payment.

3.26. SEVERABILITY

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

3.27. TAX EXEMPTION

The Florida State Sales Tax Exemption Number for Pinellas County can be found on page one of the purchase order. Federal Excise Tax Exemption Number is available by contacting the Purchasing and Risk

Management Division.

3.28. TAXES

A. The County is exempt from all state and federal sales, use, transportation and excise taxes. The

Laws of the State of Florida provide that sales and use taxes are payable by the contractor upon the tangible personal property incorporated in the work and such taxes shall be paid by the contractor and be deemed to have been included in the solicitation.

B. Payments to Pinellas County are subject to applicable Florida taxes.

3.29. TERMINATION

A. Pinellas County reserves the right to terminate this agreement, without cause by giving thirty

(30) days prior written notice to the Contractor of the intention to terminate or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified.

B. Failure of the Contractor to comply with any of the provisions of this Agreement shall be considered a material breach of Agreement and shall be cause for immediate termination of the

Agreement at the sole discretion of Pinellas County.

C. In addition to all other legal remedies available to the Pinellas County, the Pinellas County reserves the right to terminate and obtain from another source any services which have not been provided within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of request, as determined by the Pinellas

County.

D. In the event that sufficient budgeted funds are not available for a new fiscal period, the Pinellas

County shall notify the Contractor of such occurrence and the Agreement shall terminate on the last day of the then current fiscal year period without penalty or expense to the Pinellas County.

3.30. VARIATION IN QUANTITY

Pinellas County assumes no liability for material produced, processed or shipped in excess of the amount specified herein.

3.31. WARRANTY

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

3.32. PUBLIC REVIEW

Pursuant to Florida Statute, Section 119.071(1)(b)2, all quotes submitted shall be subject to review as public records after 30 days from opening, or earlier if an intended decision is reached before the thirty-day period expires. Unless a specific exemption exists, all documents submitted will be released pursuant to a valid public records request. All trade secrets claims shall be dispositively determined by a court of law prior to trade secret protection being granted.

PUBLIC RECORDS-CONTRACTOR’S DUTY

If the contractor has questions regarding the application of Chapter 119, Florida Statutes, to the contractor’s duty to provide public records relating to this agreement, the contractor shall contact:

Pinellas County Board of County Commissioners

Purchasing and Risk Management Division

400 S. Ft. Harrison Ave, 6th Floor, Clearwater, FL 33756

Public Records Liaison

Phone: 727-464-3237

Email: mcchartier@pinellascounty.org

“PERSONS WITH DISABILITIES REQUIRING REASONABLE ACCOMMODATION TO PARTICIPATE IN THIS

PROCEEDING/EVENT SHOULD CALL727/464-4062 (VOICE/TDD) FAX 727/464-4157, NOT LATER THAN

SEVEN (7) DAYS BEFORE.”

3.33. E-VERIFY

The contractor and subcontractor must register with and use the E-verify system in accordance with

Florida Statute 448.095. A contractor and subcontractor may not enter into a contract with the County unless each party registers with and uses the E-verify system.

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

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

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

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

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

Section 448.095(2)(d), Florida Statute. Contractor acknowledges upon termination of this agreement by the County for violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor acknowledges that Contractor is liable for any additional costs incurred by the County as a result of termination of any contract for a violation of this section.

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

4. SCOPE OF WORK

4.1. Scope of Work

See attached specifications.

Vendor must provide the following:

1. Available Mesh Color Options

2. Mesh Style Quoted

3. Non-Intrusive Base Specifications

4. Lead Time to Produce and Ship Finished Project

5. Photo Attached as a sample *****

4.2. Specifications

Branded fencing system should be modular, portable, lightweight and designed for use on athletic playing fields, or for crowd control.

1. 379 linear Feet of modular fencing that has a minimum 225 foot arc around the field.

2. Height: 4’-6”

3. Fence Frame:

Modular, portable, lightweight fencing system for use on athletic and recreational fields. Frame consists of individual 9’-8” long X 4’-6” wide aluminum alloy frames, 6061 T-3, 1-1/4” extruded aluminum.

Weight 12 lbs.

4. Non-intrusive Base:

Base should be approved for use in artificial turf or grass applications. Measurements are flexible as long as the impact is minimal to existing turf.

5. Top Padding:

Yellow top pad is 4 inch diameter yellow extruded foam with vinyl coating for weather.

6. Branded Mesh:

Designed for use with temporary fencing, mesh should be durable, breathable, polyester vinyl mesh that is resistant to weather, UV rays, abrasion, rot, mildew and is easy to clean. Custom digitally printed, multi-colored branding on mesh using vector artwork provided by the CVB. Branding should be easily viewable from a distance of approximately 230 feet from home plate. Mesh color to be determined by

CVB. Vendor to recommend appropriate vinyl mesh style and provide mesh color options. Perimeter grommets are 12 inches on center. Fastening materials shall be included.

7. All materials should be guaranteed against defects in workmanship for a period of 1 year from the date of shipment.

4.3. Special Condtions

8. Cost for freight shall be added to the total cost.

9. Deadline for delivery: February 1, 2023

4.4. Delivery Location

10. Ship to:

CVB Warehouse

C/O NFSTC

8285 Bryan Dairy Rd, Suite 125

Largo, FL 33777

5. PRICING PROPOSAL

TABLE 1

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Lump Sum Total 1 Lump Sum

TOTAL

6. VENDOR QUESTIONNAIRE

6.1. VENDORS MUST COMPLETE THE FOLLOWING*

Please download the below documents, complete, and upload.

• VENDORS_MUST_COMPLETE_THE_F...

*Response required

6.2. ELECTRONIC PAYMENT (EPAYABLES)

Please download the below documents, complete, and upload.

• Electronic_Payment_(EPAYABL...

6.3. W-9*

W-9 REQUEST FOR TAXPAYER ID NUMBER AND CERTIFICATION

*Instructions to form W-9 available upon request

The contractor must complete and submit to the County Form W-9 available: Through the following link:

www.irs.gov/forms-pubs/about-form-w-9

Section 119.071(5), Florida Statutes Notice: Your Tax Identification Number (which for individuals is your social security number) is collected on Form W9 for use in filing information returns with the IRS as described more fully below. Collection of the Internal Revenue Code (26 U.S.C §6109).

Privacy Act Notice: Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HAS. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under the tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism.

You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a

TIN to a payer.

Please upload your most recent W-9 Form here.

*Response required

6.4. Certificate of Insurance*

Please upload your Certificate of Insurance here.

*Response required https://government-project.s3.amazonaws.com/25654/e0374bc8-5347-4761-b6f1-68554765a990_VENDORS_MUST_COMPLETE_THE_FOLLOWING.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1668851558&Signature=0ZTJ9KAHPh9ht0gpNlSCAMLAZxg%3D&response-content-disposition=attachment%3B%20filename%3D%22VENDORS_MUST_COMPLETE_THE_FOLLOWING.pdf%22 https://government-project.s3.amazonaws.com/25654/945e7b1e-0728-4dc0-8f2d-084685aeabcc_Electronic_Payment_%28EPAYABLES%29.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1668851558&Signature=TT1cQUEC%2FbRMNZFcmqnNRZ1%2Bv4Q%3D&response-content-disposition=attachment%3B%20filename%3D%22Electronic_Payment_%28EPAYABLES%29.pdf%22 http://www.irs.gov/forms-pubs/about-form-w-9

6.5. Delivery ARO*

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

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

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

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

DELIVERY WILL BE ________ DAYS AFTER RECEIPT OF ORDER

*Response required https://procurement.opengov.com/portal/pinellasfl/projects/30731?section=249394 https://procurement.opengov.com/portal/pinellasfl/projects/30731?section=249394 http://www.flsenate.gov/Laws/Statutes/2011/607.1501 http://dos.myflorida.com/sunbiz/