HomeMy WebLinkAboutAgreement_General_11/12/2015 (9) VILLAGE OF TEQUESTA
CONTRACT FOR PURCHASE OF LIQUID CAUSTIC SODA
THIS CONTRACT is entered into and effective this 1A day of November 2015, by
and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices
located at 345 Tequesta Drive, Tequesta, Florida 33469 -0273, organized and existing in accord-
ance with the laws of the State of Florida, hereinafter "the Village "; and BRENNTAG MID -
SOUTH, INC., a foreign corporation with offices located at 1405 Highway 136 West, Hender-
son, Kentucky 4240, and local offices at 250 Central Florida Parkway, Orlando, Florida 32824,
hereinafter "the Contractor ".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Village and the Contractor both hereby agree to
enter into this Contract whereby the Contractor shall provide commercial grade 50% Liquid
Caustic Soda, also known Sodium Hydroxide, for use in potable water treatment and in conform-
ance with ANSI /NSF Standard 60 and AWWA Standard B501 (as applicable) to the Village's
Water Treatment Facility at 901 North Old Dixie Highway in the Village. Pursuant to the
September 29, 2015 correspondence from the Contractor to the Village, attached hereto as
Exhibit A, the Village is authorized to piggyback for the goods described above from the April
15, 2015 Term Contract ( #Y 15 -1004) for Liquid Caustic Soda 50% and the January the 8, 2015
Invitation For Bids ( #Y15- 1004 -JS) between Orange County Board of County Commissioners
and the Contractor, attached hereto as Exhibit B and Exhibit C, respectively. All exhibits are
hereby incorporated into this Contract as if fully set forth herein.
2. COMPENSATION: Pursuant to Exhibit C (as set forth at page 29 of the "Bid
Response Form "), and in consideration for the above Scope of Services, pricing is as follows:
Commercial grade 50% Liquid Caustic Soda - $429.00 per dry ton, FOB Destination.
3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide
proof of workman's compensation insurance and liability insurance in such amounts as are
specified in section 13, "Insurance Requirements," at pages 19 until 22, of Exhibit C and shall
name the Village as an "additional insured" on the liability portion of the insurance policy. The
Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants,
and employees, from and against any claim, demand or cause of action of whatsoever kind or
nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its
agents, servants, or employees in the perfonnance of services under this Contract.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 -133,
Florida Statues, by entering into this Contract or performing any work in furtherance hereof, the
Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty -six (36) months immediately preced-
ing the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes.
5. TERMINATION; NOTICE: This Contract may be tenninated by either party
upon thirty (30) days written notice to the other party, in accordance with Exhibit C. Notice shall
be considered sufficient when sent by certified mail or hand delivered to the Parties during
regular business hours at the following addresses:
Village Contractor
Village of Tequesta Brenntag Mid - South, Inc.
345 Tequesta Drive 250 Central Florida Parkway
Tequesta, FL 33469 -0273 Orlando, FL 32824
Attn: Director of Utilities Attn: Stephanie Ubach
6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor
is an independent contractor and not an employee of the Village. Both the Village and the
Contractor agrees that this Contract is not a contract for employment and that no relationship of
employee — employer or principal —agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in
accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Contract.
9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and
required insurance certificates constitute the entire Contract between both parties; no modifica-
Page 2 of 4
tions shall be made to this Contract unless in writing, agreed to by both parties, and attached
hereto as an addendum to this Contract. The Contractor shall not transfer or assign the provision
of goods called for in this Contract without prior written consent of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter,
the Office of the Inspector General has jurisdiction to investigate municipal matters, review and
audit municipal contracts and other transactions, and snake reports and recommendations to
municipal governing bodies based on such audits, reviews, or investigations. All parties doing
business with the Village shall fully cooperate with the inspector general in the exercise of the
inspector general's functions, authority, and power. The inspector general has the power to take
sworn statements, require the production of records, and to audit, monitor, investigate and
inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to
detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses.
11. PUBLIC RECORDS: In accordance with section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Contract and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request, the Contractor must provide the public with access to such records in accordance with
access and cost requirements of chapter 119, Florida Statutes. Further, the Contractor shall
ensure that any exempt or confidential records associated with this Contract or associated with
the perfonnance of the work described in the Scope of Services are not disclosed except as
authorized by law. Finally, the Contractor shall retain the records described in this paragraph
throughout the perfonnance of the work described in the Scope of Services, and at the conclusion
of said work and upon request, transfer to the Village, at no cost to the Village, all such records in
the possession of the Contractor and destroy any duplicates thereof. Records that are stored
electronically must be transferred to the Village in a fonnat that is compatible with the Village's
information technology systems.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
date and year first above written.
WITNESSES: BRENNTAG MID - SOUTH, INC.
Joel R. Hopper, President
(Corporate Seal)
VILLAGE OF TEQUESTA
ATTEST: igail renna Mayo
OF
Lori McWilliams, MMC`?' ,P,F 0&,
Town Clerk TO � L O" TO,
�.
WORPORATED . -
Page 4 of 4
�.i�S2/�"NL7�'-c�
�----
From: Tim Makinster/Mid-South/Brenntaq ��m`�, ����. �
To: Terriault.Michelle F�'��
Cc: Lanham.Kvle;Heady.Samuei
Subject: RE:Caustic Soda Piggy-back
Date: Tuesday,September 29,2015 4:54:10 PM
N�Y M��n��E�,
Great news! I literally talked to the girl �vho handles the bids this morning and you U✓ere on my
list to email tonight.
WVe got the okay to piggy-back off af Orange County at $429/dry ton.
NopefuPiy, that wilf �vark far you guys. Pfease let me know so we can get everything set up for
you.
Thank you,
Tim
From:Terriault, Michelle [mailto:mterriault@tequesta.org]
Sent:Tuesday,September 29, 2015 3:17 PM
To:Tim Makinster/Mid-South/Brenntag<TMakinster@brenntag.com>
Cc: Lanham, Kyle<klanham@tequesta.org>; Heady, Samuel <sheady@tequesta.org>
Subject: Caustic Soda Piggy-back
Hi Tim—
Do you know of a piggy-back city contract we could join for Caustic Soda 50%? We'd appreciate it if
you could find out for us. Thanks.
JJe� �)`��9,a�,,
Ci'I�.t.(i1�R�Le V 2ii%G1'�A�LWL
Village of Tequesta
Water Treatment Facility
901 N.Old Dixie Hwy.
Tequesta, Florida 33469
Te1.561-768-0490
Fax.561-427-0224
Email: mterriault�tequesta.ore
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Gfl«;It��1�i��T TERM CONTRACT NO.Y15-10(
F i. O R 1 � :1
Liquid Caustic Soda 50%
TO: Brenntag Mid-South, Inc.
250 Central Florida Parkway
4rlando, FL. 32824
This is to inform you that the Orange Coun#y Board of County Commissioners
hereby enters into a term contract subject to the following:
TERMS AND CONDiTlONS
1. Acceptance:
This contract is our acceptance of your offer in respanse to our
Invitation for Bids No. Y15-1004�JS, Liquid Caustic Socta 50% —
TERM CONTRACT, and is subject to all terms and conditions therein.
2. Term of Contract:
A. This is a term contract for the time period specified in the
referenced Invitation for Bids, for the products/services cavered
by this contract. The County is not obligated to purchase any
minimum amount of produc#s or services, unless othenntise
stipulated in the Invitation for Bids.
B. This contract is effective April 11, 2015, and shall remain in
effect through April 10, 2016. The estimated contract award for
this period is $589,446.00.
C. This contract may be renewed upon mutual. agreemen#. as
provided in the invitation for Bids. Any amendments to this
contract must be in writing and signed by both parties. Such
amendmenf(s) must be signed by the representative of the
Orange County Procurement Division to be va(id, binding, and
enforceable.
D. This contract may be cance(!ed ar terminated as provided #or in
the Invitation for Bids.
Page 1 of 2
3. Ordering against Contract:
A. Unless otherwise specified in the Invita#ion far Bids, the County wi(I
place orders by issuance of a numbered De[ivery Order against this
contract. Each Delivery Order wili specify the guantity, descriptian
and (ocation for delivery.
B. The obligations of Orange Caunty under this contract are subject to
need and availability of fiunds lawfully appropriated for its purpose
by the Board of County Commissioners.
4. Taxes:
The County has the fallowing tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions
uncfer Chapter 32, Intemal Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85-
8012622266G0.
5. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract
number and the De{ivery Order ta:
Orange County Utilities Department
Water Division
810� Presidents Drive, 2"d Floor
Phone 407-836-6236
B. Invoices against this contract are aufhorized only at the prices
stated in your bid response, unless otherwise provided in the
Invitatian for Bids.
6. All requirements con#ained in any addenda fo #he solicitation for this
procurement are part of and hereby incorporated into this cantract.
BOARD OF COUNTY COMMISSfONERS
ORANGE CDUNTY, FLORiDA
BY: `�'
J m E. Schefl Jr., C.P.M., CPPB, FCPA
Procurement Division
DATE: �' �5� �[Jt`�
Revised {11/16/12) Page 2 of 2
RELAT[ONSHIP DlSCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
1S THE PR1NCiPAL OR PRIMARY PROPOSER
For procurement items that will come before fhe Board of County Commissioners for
final approval, this form sha11 be complefed by fhe Bidder and shai! be submitted to fhe
Procurement Division by#he Biddes.
In #he event any information provided on this form should change, fhe Bidder must file
an amended form on or before the date fhe item is considered by the approp�iate board
or body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder:
�QP f1�-(Jtra �t(��' �l�l-�/1 �I1('
Business Address (StreeUP.O. Box, City and Zip Code):
��O �'� �� � ��o��R `�A-P ��r��
; _ -
D EZ..I A-��f� ��(�P � C�A � R? �l-
Business Phone: (i{-a'�( ) g j�1 •G't 3t O
Facsimile: (�{O`j )_�j 1 . 3�t 2
iNFORMATION ON BiDDER'S AUTHORIZED AGENT, EF APPLIC tE:
(Agent Authoriiation Form also required fo be attached}
Name of Bidder's Authorized Agent:
Business Address {Sfreet/P.O. Box, Cit nd Zip Code):
Business Phone: )
Facsimi(e: { }
Page '!
�X. �-,
Issue Date: January 8, 2015
INVITATION FOR BIDS #Y15-1004-JS
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Orange
County, Florida, henceforth referred to as the County is accepting sealed bids for:
LIQUID CAUSTIC SODA 50%
TERM CONTRACT
Sealed bid offers in an original and three (3) copies for furnishing the above will be
accepted up to 2:00 PM (local time), Thursday, January 22, 2015, in the Procurement
Division, Internal Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, FL
32801.
Copies of the bid documents may be obtained from the Orange County Procurement
Division at the above address. Copies may be requested by phoning (407) 836-5635 or
by download from the Internet at:
http://apps.ocfl.net/oranqebids/bidopen.asp
Johnny M. Richardson, CPPO, CFCM
Manager, Procurement Division j
NOTICE TO BIDDERS ,
To ensure that your bid is responsive, you are urged to request clarification or guidance
on any issues involving this solicitation before submission of your response. Your point-
of-contact for this solicitation is Jim Schell, Senior Purchasing Agent at
Jim.Schell(a�ocfl.net.
�I
TABLE OF CONTENTS
DESCRIPTION PAGE
GENERAL TERMS AND CONDITIONS 2-14
SPECIAL TERMS AND CONDITIONS 15-26
SPECIFICATIONS 27-28
BID RESPONSE FORM 29
EMERGENCY CONTACTS 30
ACKNOWLEDGEMENT OF ADDENDA 30
AUTHORIZED SIGNATORIES/NEGOTIATORS 31
REFERENCES 32-33 I
DRUG-FREE WORKPLACE FORM
SCHEDULE OF SUBCONTRACTING FORM
CONFLICT/NON-CONFLICT OF INTEREST FORM
E-VERIFICATION CERTIFICATION
RELATIONSHIP DISCLOSURE FORM
RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)
AGENT AUTHORIZATION FORM
EXHIBIT A- LEASED EMPLOYEE AFFIDAVIT
EXHIBIT B - COMMERCIAL GENERAL LIABILITY
EXHIBIT C - COMMERCIAL GENERAL LIABILITY
EXHIBIT D -WORKERS COMPENSATION & EMPLOYEES LIABILITY INSURANCE
POLICY
EXHIBIT E -WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
i
GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
These specifications constitute the complete set of requirements and bid forms.
The bid response page(s), and all forms listed on the bid response page(s) shall
be completed, signed, and sealed in an envelope bearing the bid number on the
outside and mailed or presented to the Procurement Division on or before the
specified time and date. Failure to comply with the preceding requirements
shall result in the rejection of the bid.
Bids submitted by e-mail, telephone or fax shall not be accepted. An e-
mailed or a faxed bid shall be rejected as non-responsive regardless of
where it is received.
It is the sole responsibility of the Bidder to ensure that their bid reaches the
Procurement Division. All bids, unless otherwise specified, must be delivered to
the following address no later than the time and date specified in the solicitation:
Procurement Division
Internal Operations Centre II
400 E. South Street, 2nd Floor
Orlando, FL 32801
Bidders are cautioned that they are responsible for delivery to the specific
location cited above. Therefore, if your bid is delivered by an express mail carrier
or by any other means, it is your responsibility to ensure delivery to the above
address. This office will not be responsible for deliveries made to any place
other than the specified address.
The County shall not be responsible for delays caused by any occurrence.
The time/date stamp clock located in the Procurement Division shall serve
as the official authority to determine lateness of any bid. The bid time shall
be scrupulously observed. Under no circumstances shall bids delivered
after the time specified be considered. Late bids will be returned to the
Bidder unopened. The decision to refuse to consider a bid that was
received beyond the date/time established in the solicitation shall not be
the basis for a protest pursuant to the Orange County Code (Procurement
Ordinance).
All bids must be typewritten or filled in with pen and ink, and must be signed in ''i
ink by an officer or employee having authority to bind the company or firm. '
Errors, corrections, or changes on any document must be initialed by the
signatory of the bid.
Bidders shall not be allowed to modify their bids after the opening time and date.
Bid files may be examined during normal working hours, thirty (30) days after bid
o enin or u on recommendation for award whichever occurs first. Bidders
P 9 p �
desiring to view these documents are urged to schedule an appointment.
Page 2
For information concerning this bid, please contact the Procurement Division at
the address listed above or by calling 407-836-5635. Please specify the bid
number for which you are inquiring.
2. QUESTIONS REGARDING THIS SOLICITATION
All questions or concerns regarding this Invitation for Bids shall be submitted by
email to Jim.Schell@ocfl.net, no later than 5:00 PM Wednesday, January 14,
2015 to the attention of Jim Schell, Procurement Division, referencing the IFB
number. When required the Procurement Division shall issue an addendum to
the Invitation for Bids. The addendum shall be available on the Internet for
access by potential Bidders. Bidders are instructed not to contact the initiating
division directly. No oral interpretation of this Invitation for Bids 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.
This provision exists solely for the convenience and administrative efficiency of
Orange County. No Bidder or other third party gains any rights by virtue of this
provision or the application thereof, nor shall any Bidder or third party have any
standing to sue or cause of action arising there from.
3. PRICE/DELIVERY
Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any
bids 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 bid 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.
4. 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). The
Manager, Procurement Division will sign an exemption certificate submitted by
the Contractor.
Page 3
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.
5. ACCEPTANCE/REJECTION/CANCELLATION
The County reserves the right to accept or to reject any or all bids and to make
the award to that bidder 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 bid of any bidder who has previously failed in the
proper performance of an award or 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 bidders 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-
bid. Award will be made to the lowest responsive and responsible bidder 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.
6. NO BID
Where more than one item is listed, any items not bid upon shall be indicated as
"NO BID".
7. CONFLICT OF INTEREST
The award is subject to provisions of applicable State Statutes and County I''
Ordinances. All bidders must disclose with their bid the name of any officer, I
director, or agent who is also an employee of Orange County. Further, all
bidders must disclose the name of any County employee who owns, directly or
indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of
its branches. Should the Contractor 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 b the Coun .
Y tY
8. LEGAL REQUIREMENTS
All applicable Federal and State laws and County ordinances, that in any manner
affect the items covered herein apply. Lack of knowledge by the Bidder shall in
no way be a cause for relief from responsibility.
Page 4
A. Contractors doing business with the County are prohibited from
discriminating against any employees, applicant, or client because of race,
religion, color, disability, national origin, gender, or age with regard to but
not limited to the following: employment practices, rates of pay or other
compensation methods, and training selection.
B. Minority/Women Business Enterprises (M/WBE) indicates a business
entity of which 51% or more is owned and operated by a minority. In this
instance, minority group members are citizens of the United States or
lawfully admitted permanent residents who are Black, Hispanic, Women,
Native American, Asian-Pacific, Asian-Indian. Businesses wishing to
participate in the County procurement process as an M/WBE are required
to complete a certification application to attain recognition as such. You
may contact the Procurement Division or the Business Development
Division for information and assistance.
9. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as
the basis for contractual obligations between the Contractor and the County for
any terms and conditions not specifically stated in this Invitation for Bids.
10. MISTAKES
In the event of extension error(s), the unit price will prevail and the Bidder's total
offer will be corrected accordingly. In the event of addition errors, the extended
totals will prevail and the Bidder's total will be corrected accordingly. Bidders
must check their bid where applicable. Failure to do so will be at the Bidder's
risk. Bids having erasures or corrections must be initialed in ink by the Bidder.
11. AVAILABILITY OF FUNDS ��
The obligations of the County under this award are subject to the availability of
funds lawfully appropriated for its purpose by the State of Florida and the Orange
County Board of County Commissioners, or other specified funding source for
this procurement.
12. EEO STATEMENT
It is hereby declared that equal opportunity and nondiscrimination shall be the
County's policy intended to assure equal opportunities to every person,
regardless of race, religion, sex, sexual orientation and gender
expression/identity, color, age, disability or national origin, in securing or holding
employment in a field of work or labor for which the person is qualified, as
' provided by Section 17-314 of the Orange County Code and the County
Administrative Regulations.
Page 5
Further, the Contractor shall abide by the following provisions:
A. The Contractor shall represent that the Contractor has adopted and
maintains a policy of nondiscrimination as defined by applicable County
ordinance throughout the term of this contract.
B. The Contractor shall allow reasonable access to all business and
employment records for the purpose of ascertaining compliance with the
non-discrimination provision of the contract.
The provisions of the prime contract shall be incorporate by the Contractor into
the contracts of any applicable subcontractors.
13. BID TABULATION AND RESULTS
Bid tabulations shall be available thirty (30) days after opening on the Orange
County website at: http://apps.ocfl.net/oranqebids/bidresults/results.asp or
upon notice of intended action, whichever is sooner.
14. BID FORMS
All bids must be submitted on the County's standard Bid Response Form. Bids
on Bidder's quotation forms shall not be accepted.
15. FLORIDA PREFERENCE
In the event this Invitation for Bids is to acquire personal property and the lowest
responsive and responsible bid submitted in response to this Invitation for Bids,
is by a bidder whose principal place of business is in a state other than Florida �
and such state or political subdivision thereof grants a preference for the I,
purchase of personal property to a person whose principal place of business is in I
said state, then Orange County Florida may award a preference to the lowest '
responsive and responsible bidder having a principal place of business within the ',
State of Florida. Such preference shall be equal to the preference granted by the '
state in which the lowest responsive and responsible bidder has its principal '
place of business. This section shall not apply to transportation projects in which
Federal aid funds are used.
Any bidder whose principal place of business is outside the State of Florida must
accompany any written bid documents with a written opinion of an attorney at law
licensed to practice law in that foreign state, as to the preferences, if any or none,
granted by the law of that state to its own business entities whose principal
places of business are in that foreign state in the letting of any or all public
contracts. Reference Florida Statutes 287.084.
Pa e 6
9
16. RECIPROCAL PREFERENCE
In the event the lowest responsive and responsible bid submitted in response to
any Invitation for Bids is by a bidder whose principal place of business is in a
county other than Orange County, and such county grants a bid preference for
purchases to a bidder whose principal place of business is in such a county, then
Orange County may award a preference to the next lowest responsive and
responsible bidder having a principal place of business within Orange County
Florida. Such preference shall be equal to the preference granted by the county
in which the lowest responsive and responsible bidder has its principal place of
business.
17. 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/OranqeBids/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 I,
http://www.orangecountvfl.net/OpenGovernmentlLobbinqAtOranqeC
ou nty.as px '
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 Board of County Commissioners 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 btack-out period restrictions of Ordinance No. 2002-15.
• Orange County Protest Procedures
http://www.oranqecountyfl.net/VendorServicesNendorProtestProced
u res.as px
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.
18. BID AND RELATED COSTS
By submission of a bid, the Bidder agrees that any and all costs associated with
the preparation of the bid will be the sole responsibility of the Bidder. The Bidder
also agrees that the County shall bear no responsibility for any costs associated
with the preparation of the bid including but not limited to any administrative or
judicial proceedings resulting from the solicitation process.
Page 7
19. 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.
20. 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 purchasinq/ven
dor information/convicted suspended discriminatory complaints vendor
listslconvicted 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.
21. DRUG-FREE WORKPLACE FORM
The Drug-Free Workplace Form is attached and shall be completed and
submitted with your bid.
22. SUBCONTRACTING
Bidders subcontracting any portion of the work shall state name and address of
subcontractor and the name of the person to be contacted on the attached
"Schedule of Subcontractors Form".
23. CONFLICT OF INTEREST FORM
Bidder shall complete the Conflict of Interest Form attached hereto and submit it II
with their bid. �,
Page 8
24. ETHICS COMPLIANCE
The following forms are included in this solicitation and shall be comp�eted and
submitted as indicated below:
A. Orange County Specific Project Expenditure Report -The purpose of
this form is to document any expenses incurred by a lobbyist for the
purposes described in Section 2-351, Orange County Code. This form
shall be completed and submitted with all bid responses to an Orange
County solicitation. Any questions concerning this form shall be
addressed to the purchasing agent identified in the applicable solicitation.
B. Relationship Disclosure Form —The purpose of this form is to document
any relationships between a bidder to an Orange County solicitation and
the Mayor or any other member of the Orange County Board of County
Commissioners. This form shall be completed and submitted with the
applicable bid to an Orange County solicitation.
No contract award shall be made unless these forms have been completed
and submitted with the bid. Any questions concerning these forms shall be
addressed to the purchasing agent identified in this solicitation. Also, a listing of
the most frequently asked questions concerning these forms is attached to each
for your information.
25. SUBMISSION OF BID
The bid must be mailed or hand delivered in a sealed envelope to: I
ORANGE COUNTY PROCUREMENT DIVISION
Internal Operations Centre II
400 E. South Street, 2nd Floor
Orlando, Florida 32801
Bidders must indicate on the sealed envelope the following:
A. Invitation for Bids Number
B. Hour and Date of Opening
C. Name of Bidder
Bids received after the time, date, and/or at the location specified, due to failure
to identify the envelope with the above information shall be rejected.
26. COPIES
Copies of documents, records, materials, and/or reproductions requests will be
charged in accordance with Orange County's fee schedule. Copyrighted
materials may be inspected, but cannot be copied or reproduced per Federal law.
Page 9
27. PROPRIETARY/RESTRICTIVE SPECIFICATIONS
If a prospective bidder 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 bid
opening. Specifications which are unrelated to performance will be considered
for deletion via addendum to this Invitation for Bids.
28. ASSISTANCE WITH SPECIFICATIONS
Any prospective bidder who assisted the County in developing or writing the
specifications contained herein are requested to so note such on the bid
response page.
29. 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.
30. PATENTS AND ROYALTIES
Unless otherwise provided, the Contractor shall be solely responsible for
obtaining the right to use any patented or copyrighted materials in the i
performance of the contract resulting from this Invitation for Bids. '�,
The Contractor, without exception, shall indemnify and save harmless the County
and its employees from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented
invention, process, or article manufactured or supplied by the Contractor. In the
event of any claim against the County of copyright or patent infringement, the
County shall promptly provide written notification to the Contractor. If such a
claim is made, the Contractor shall use its best efforts to promptly purchase for
the County any infringing products or services or procure a license, at no cost to
the County, which will allow continued use of the service or product.
If none of the alternatives are reasonably available, the County agrees to return
the article on request to the Contractor and receive reimbursement, if any, as
may be determined by a court of competent jurisdiction.
Page 10
31. INDEMNIFICATION '
To the fullest extent permitted by law, the Contractor shall defend, indemnify,
and hold harmless the County, its officials, agents, and employees from and
against any and all claims, suits, judgments, demands, liabilities, damages, cost
and expenses including attorney's fees of any kind or nature whatsoever arising
directly or indirectly out of or caused in whole or in part by any act or omission
of the Contractor or its subcontractors, anyone directly or indirectly employed by
them, or anyone for whose acts any of them may be liable; excepting those
acts or omissions arising out of the sole negligence of the County.
32. CLARIFICATIONS
It is the Bidder'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. Bidder's must contact the Procurement Division, at the phone
number on the bid cover sheet prior to bid opening, 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 Bidder and the
County.
33. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
By submission of this bid, the Bidder certifies, and in the case of a joint bid each
party thereto certifies as to its own organization, that in connection with this
procurement:
A. The prices in this bid 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 bidder or with any competitor.
B. Unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the Bidder and will not
knowingly be disclosed by the Bidder prior to opening, directly or indirectly
to any other Bidder or to any competitor; and,
C. No attempt has been made or shall be made by the Bidder to induce any
other person or bidder to submit or not to submit a bid for the purpose of
restricting competition.
�
Page 11
34. SUCCESSORS AND ASSIGNS
The County and the Contractor each binds itseif and its partners, successors,
executors, administrators, and assigns to the other party of this Contract and to
the partners, successors, executors, administrators, and assigns of such other
party, in respect to all covenants of this Contract. Except as above, neither the
County nor the Contractor shall assign, sublet, convey or transfer its interest in
this Contract without the written consent of the other. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of
the County which may be a party hereto, nor shall it be construed as giving any
rights or benefits hereunder to anyone other than the County and the Contractor.
35. PRICING/AUDIT
The Contractor shall establish and maintain a reasonable accounting system,
which enables ready identification of Contractor's cost of goods and use of funds.
Such accounting system shall also include adequate records and documents to
justify all prices for all items invoiced as well as all charges, expenses and costs
incurred in providing the goods for at least five (5) years after completion of this
contract. The County or its designee shall have access to such books, records,
subcontract(s), financial operations, and documents of the Contractor or its
subcontractors, as required to comply with this section for the purpose of
inspection or audit anytime during normal business hours at the Contractor's
place of business. This right to audit shall include the Contractor's
subcontractors used to procure goods under the contract with the County.
Contractor shall ensure the County has these same rights with subcontractors
and suppliers.
36. EMPLOYEES OF THE CONTRACTOR �
All work under this contract shall be performed in a professional and skillful I�I
manner. The County may require, in writing, that the Contractor, remove from I,
this contract any employee the County deems incompetent, careless, or
otherwise objectionable.
37. TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall
be tobacco free. This policy shall apply to parking lots, parks, break areas and
worksites. It is also applicable to Contractors and their personnel during contract
performance on County owned property. Tobacco is defined as tobacco
products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes,
chewing tobacco and snuff. Failure to abide by this policy may result in civil
' penalties levied under Chapter 386, Florida Statutes and/or contract enforcement
remedies.
Page 12
38. CONTRACT CLAIMS
"Claim" as used in this provision means a written demand or written assertion by
one of the contracting parties seeking as a matter of right, the payment of a
certain sum of money, the adjustment or interpretation of contract terms, or other
relief arising under or relating to this contract.
Claims made by a Contractor against the County, relating to a particular contract
shall be submitted to the Manager, Procurement Division in writing clearly
labeled "Contract Claim" requesting a final decision. The Contractor also shall
provide with the claim a certification as follows: "I certify that the claim is made in
good faith; that the supporting data are accurate and complete to the best of my
knowledge and belief; that the amount requested accurately reflects the contract
adjustment for which the Contractor believes the County is liable; and that I am
duly authorized to certify the claim on behalf of the Contractor."
Failure to document a claim in this manner shall render the claim null and
void. No claim shall be accepted after final pavment of the contract.
The decision of the Manager, Procurement Division shall be issued in writing and
furnished to the Contractor. The decision shall state the reasons for the decision
reached. The Manager, Procurement Division shall render the final decision ,
within sixty (60) days after receipt of Contractor's written request for a final !
decision. The Manager, Procurement Division decision shall be final and ',
conclusive.
The Contractor shall proceed diligently with performance of this contract pending
final resolution of any request for relief, claim, appeal or action arising under the
contract and shall comply with any final decision rendered by the Manager,
Procurement Division.
39. VERIFICATION OF EMPLOYMENT STATUS
Prior to the employment of any person under this contract, the Contractor shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the
contract term, and an express requirement that Contractors include in such
subcontracts the requirement that subcontractors performing work or providing
services pursuant to the state contract utilize the E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
contract term. For more information on this process, please refer to United States
Citizenship and Immigration Service site at:
http://www.uscis.qov/portaUsite/uscis.
Only those emplovees determined eliqible to work within the United States
shall be em lo ed under this contract.
p Y
Page 13
By submission of a bid in response to this solicitation, the Contractor affirms that
all employees in the above categories shall undergo e-verification before
placement on this contract. The Contractor shall commit to comply with this
requirement by completing the E-Verification certification, attached to this
solicitation.
40. CONFIDENTIAL INFORMATION
In accordance with Chapter 119 of the Florida Statutes (Public Records Law),
and except as many be provided by other applicable State or Federal Law, all
proposers should be aware that Invitation for Bids and the responses thereto are
in the public domain. Bidders must identify specifically any information contained
in their response which they consider confidential and/or proprietary and which
they believe to be exempt from disclosure, citing specifically the applicable
exempting law. If a Bidder fails to cite the applicable exempting law, we will
treat the information as public.
Page 14
SPECIAL TERMS AND CONDITIONS
1. QUALIFICATION OF BIDDERS
This bid shall be awarded to a responsible, responsive bidder, qualified by
experience to provide the work specified. The Bidder shall submit the following
information with the bid:
A. List and brief description of similar work satisfactorily completed with
location, dates of contract, names, addresses and telephone numbers of
owners by completing the reference sheets on pages 27 and 28.
B. List of equipment and facilities available to do the work.
C. A certificate or letter attesting that the product offered is fit for use in the
treatment of drinking water.
Failure to submit the above requested information may be cause for
rejection of your bid.
The determination on whether a bidder is responsible or not shall be at the sole
discretion of the County. Although the County may request the submission of a
minimum number of contracts similar to the requirements of this solicitation with
certain minimum dimensions, quantities, dollar values, etc., the County's
determination of a bidder's responsibility shall not be solely based on the number
of similar procurements the bidder provides but the entirety of the bidder's
qualifications.
2. LICENSES AND PERMITS
Prior to furnishing the requested product(s), it shall be the responsibility of the
Contractor to obtain, at no additional cost to Orange County, any and all licenses il
and permits required to complete all contractual requirements. These licenses ,
and permits shall be readily available for review by the Manager, Procurement
Division or authorized designee.
3. BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of ninety (90) days from the
bid opening date or until the date of award. In the event that an award is not
made by the County within ninety (90) days from the bid opening date, the Bidder
may withdraw their bid or provide a written extension of their bid.
4. AWARD
Award shall be made on an "All-or-None Total Bid" or "All-or-None Total
Estimated Bid" basis to the lowest responsive and responsible Bidder.
Page 15
5. F.O.B. POINT
The F.O.B. point shall be a destination within Orange County (see Attachment
A). The prices bid shall include all costs of packaging, transporting, delivery and
unloading to designated point within Orange County. There will be no
additional charge for multiple delivery locations.
6. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bids. Delivery
shall be no later than three (3) calendar days from receipt of delivery order. Bids
submitted which fail to meet this requirement shall be cause for rejection.
It is hereby understood and mutually agreed to by and between parties hereto
that the time of delivery is an essential condition of this contract.
7. TERMINATION
A. Termination for Default:
The County may, by written notice to the Contractor terminate this contract
for default in whole or in part (delivery orders, if applicable) if the
Contractor fails to: �
1. Provide goods or services that comply with the specifications herein 'i
or fails to meet the County's performance standards ,
2. Deliver the goods or to perform the services within the time
specified in this contract or any extension.
3. Make progress so as to endanger perFormance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the County shall provide adequate written
notice to the Contractor through the Manager, Procurement Division,
affording the opportunity to cure the deficiencies or to submit a specific '
plan to resolve the deficiencies within ten (10) calendar days (or the period
s ecified in the notice aft r r i t of the notice. Failure to ade uatel
p ) e ece p q y
cure the deficiency shall result in termination action. Such termination
may also result in suspension or debarment of the Contractor in
accordance with the County's Procurement Ordinance. The Contractor
and its sureties (if any) shall be liable for any damage to the County
resulting from the Contractor's default of the contract. This liability includes
any increased costs incurred by the County in completing contract
performance.
Page 16
In the event of termination by the County for any cause, the Contractor
shall have, in no event, any claim against the County for lost profits or
compensation for lost opportunities. After a receipt of a Termination
Notice and except as otherwise directed by the County the Contractor
shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the
performance of the terminated work
3. Transfer all work in process, completed work, and other materials
related to the terminated work as directed by the County.
4. Continue and complete all parts of that work that have not been
terminated.
If the Contractor's failure to perform the contract arises from causes
beyond the control and without the fault or negligence of the Contractor
the contract shall not be terminated for default. Examples of such causes
include (1) acts of God or the public enemy, (2) acts of a government in its
sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7)
unusually severe weather.
B. Termination for Convenience:
The County, by written notice, may terminate this contract, in whole or in
part, when it is in the County's interest. If this contract is terminated, the
County shall be liable only for goods or services delivered and accepted. '
The County Notice of Termination shall provide the Contractor thirty (30) '
calendar days prior notice before it becomes effective. A termination for '
convenience mav applv to individual delivery orders, purchase
orders or to the contract in its entiretv.
8. AS SPECIFIED
All goods delivered shall meet the specifications herein. Goods delivered not as
specified shall be returned at no expense by Orange County. The County may
return, for full credit, any unused goods received which fail to meet the County's
performance standards. Replacement goods meeting specifications shall be
submitted within a reasonable time after rejection of the non-conforming goods.
9. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
Any good delivered under a contract resulting from this bid shall be accompanied
by a Material Safety Data Sheet (MSDS). The MSDS shall include the following
information:
Page 17
A. The chemical name and the common name of the toxic substance. I�'
B. The hazards or other risks in the use of the toxic substance, including: I!,
1. The potential for fire, explosion, corrosiveness and reactivity;
2. The known acute and chronic health effects of risks from exposure, '
including the medical conditions which are generally recognized as
being aggravated by the exposure to the toxic substance; and
3. The primary route of entry and symptoms of over exposure.
C. The proper precautions, handling practices, necessary personal protective
equipment and other safety precautions in the use of or exposure to the
toxic substances, including appropriate emergency treatment in case of
over exposure.
D. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
F. The year and month, if available, that the information was compiled and
the name, address and emergency telephone number of the manufacturer
responsible for preparing the information.
10. CODES AND REGULATIONS
The Contractor shall strictly comply with all Federal, State and local codes and
regulations.
11. PAYMENT
Partial payments for the value of goods received and accepted may be requested
by the submission of a properly executed invoice, with supporting documents if
required. Payment shall be made in accordance with Florida Statute 218, Local
Government Prompt Payment Act. Payment for accepted
equipmenUgoods/services shall be accomplished by submission of an invoice, in
duplicate, to:
Orange County Utilities Department
Water Division
8100 Presidents Drive, 2"d Floor
Phone 407-836-6236
Page 18
In the event additional County Departments or other public entities utilize this
contract, invoices are to be sent directly to the Department or entity placing the
order.
12. SAFETY AND PROTECTION OF PROPERTY
The Contractor shall at all times:
A. Initiate, maintain and supervise all safety precautions and programs in
connection with its services or perFormance of its operations under this
contract.
B. Take all reasonable precautions to prevent injury to employees, including
County employees and all other persons affected by their operations.
C. Take all reasonable precautions to prevent damage or loss to property of
Orange County, or of other Contractors, consultants or agencies and shall
be held responsible for replacing or repairing any such loss or damage.
D. Comply with all ordinances, rules, regulations, standards and lawful orders
from authority bearing on the safety of persons or property or their
protection from damage, injury or loss. This includes but is not limited to:
o Occupational Safety and Health Act (OSHA)
o National Institute for Occupational Safety & Health (NIOSH)
o National Fire Protection Association (NFPA)
o American Society of Heating, Refrigeration & Air-Conditioning
Engineers (ASHRAE)
E. The Contractor shall also comply with the guidelines set forth in the
Orange County Safety & Health Manual. The manual can be accessed
online at the address listed below:
http://www.oranqecountvfl.netNendorServices/OranqeCountySafety
andHealthManual.aspx �I
13. INSURANCE REQUIREMENTS II
Vendor agrees to maintain on a primary basis and at its sole expense, at all I
times throughout the duration of this contract the following types of insurance
coverage with limits and on forms (including endorsements) as described
herein. These requirements, as well as the County's review or acceptance of
insurance maintained by Vendor/Contractor is not intended to and shall not in
any manner limit or qualify the liabilities assumed by Vendor under this contract.
Page 19
Vendor is required to maintain any coverage required by federal and state
workers' compensation or financial responsibility laws including but not limited
to Chapter 324 and 440, Florida Statutes, as may be amended from time to
time.
The Vendor shall require and ensure that each of its sub-Vendors providing
services hereunder (if any) procures and maintains until the completion of their
respective services, insurance of the types and to the limits specified herein.
Insurance carriers providing coverage required herein must be licensed to
conduct business in the State of Florida and must possess a current A.M.
Best's Financial Strength Rating of A- Class VIII or better.
(Note: State licenses can be checked via www.floir.com/companysearch/ and
A.M. Best Ratings are available at www.ambest.com)
Required Coverage:
� Commercial General Liability - The Vendor shall maintain coverage issued
on the most recent version of the ISO form as filed for use in Florida or its
equivalent, with a limit of liability of not less than $100,000 per occurrence.
Vendor further agrees coverage shall not contain any endorsement(s)
excluding or limiting Product/Completed Operations, Contractual Liability,
or Separation of Insureds. The General Aggregate limit shall either apply
separately to this contract or shall be at least twice the required occurrence
limit.
Required Endorsements:
� Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their
equivalents.
Note: CG 20 10 must be accompanied by CG 20 37 to include
products/completed operations
� Waiver of Transfer of Rights of Recovery- CG 24 04 or its
equivalent.
Note: If blanket endorsements are being submitted please include
the entire endorsement and the applicable policy number.
� Business Automobile Liability - The Vendor shall maintain I
coverage for all owned; non-owned and hired vehicles issued on the most I
recent version of the ISO form as filed for use in Florida or its equivalent, '�
with limits of not less than $500,000 per accident. In the event the
Vendor/Contractor does not own automobiles the Vendor shall maintain
� coverage for hired and non-owned auto liability, which may be satisfied by
way of endorsement to the Commercial General Liability policy or separate
Business Auto Liability policy.
Page 20
� Workers' Compensation - The Vendor shall maintain coverage
for its employees with statutory workers' compensation limits, and no less
than $100,000 each incident of bodily injury or disease for Employers'
Liability. Elective exemptions as defined in Florida Statute 440 will be
considered on a case-by-case basis. Any Vendor/Contractor using an
employee leasing company shall complete the Leased Employee Affidavit.
Required Endorsements:
� Waiver of Subrogation-WC 00 03 13 or its equivalent
Optional Coverage:
� Pollution Liability- with a limit of not less than $1,000,000 per
occurrence/claim
When a self-insured retention or deductible exceeds $100,000 the COUNTY
reserves the right to request a copy of Vendor most recent annual report or
audited financial statement. For policies written on a "Claims-Made" basis the
Vendor agrees to maintain a retroactive date prior to or equal to the effective
date of this contract. In the event the policy is canceled, non-renewed, switched
to occurrence form, or any other event which triggers the right to purchase a
Supplemental Extended Reporting Period (SERP) during the life of this contract
the Vendor agrees to purchase the SERP with a minimum reporting period of not
less than two years. Purchase of the SERP shall not relieve the I
Vendor/Contractor of the obligation to provide replacement coverage. i
By entering into this contract Vendor agrees to provide a waiver of
subrogation or a waiver of transfer of rights of recovery, in favor of the
County for the workers' compensation and general liability policies as
required herein. When required by the insurer or should a policy
condition not permit the Vendor to enter into a pre-loss agreement to
waive subrogation without an endorsement, then Vendor agrees to notify
the insurer and request the policy be endorsed with a Waiver of
Subrogation or a Waiver of Transfer of Rights of Recovery Against Others
endorsement.
Prior to execution and commencement of any operations/services provided
under this contract the Vendor shall provide the County with current certificates
of insurance evidencing all required coverage. In addition to the certificate(s) of
insurance the Vendor shall also provide endorsements for each policy as
specified above. All specific policy endorsements shall be in the name of the
Orange County Board of County Commissioners.
Page 21
For continuing service contracts renewal certificates shall be submitted
immediately upon request by either the County or the County's contracted
certificate compliance management firm. The certificates shall clearly indicate
that the Vendor has obtained insurance of the type, amount and classification
as required for strict compliance with this insurance section. Vendor shall notify
the County not less than thirty (30) business days (ten business days for non-
payment of premium) of any material change in or cancellation/non-renewal of
insurance coverage. The Vendor shall provide evidence of replacement
coverage to maintain compliance with the aforementioned insurance
requirements to the County or its certificate management representative five (5)
business days prior to the effective date of the replacement policy(ies).
The certificate holder shall read:
Orange County Board of County Commissioners
c/o Procurement Division
400 E. South Street, 2"d Floor
Orlando, Florida 32801
14. CONTRACT TERM/RENEWAL
A. The contract resulting from this Invitation for Bids shall commence
effective upon issuance of a term contract by the County and extend for a
period of one (1) year. The contract may be renewed for two (2) additional
one (1) year periods, upon mutual agreement of both parties. If any such
renewal results in changes in the terms and conditions, such changes
shall be reduced to writing as an amendment to this contract and such
amendment shall be executed by both parties. Renewal of the contract
shall be subject to appropriation of funds by the Board of County
Commissioners. �'�
B. The initiating County department(s) shall issue delivery/purchase orders ��
against the term contract on an "as needed" basis. �,
C. If the quantity of a unit priced item in this contract is an estimated quantity
and the actual quantities ordered are more than 50% above the estimated �
quantity, the County shall enter into negotiations with the Contractor for a
lower unit price which shall be incorporated into the contract. Failure of
the Contractor to agree to a reduced unit price may result in the
termination of the contract and re-solicitation of the requirement. �
D. Any order issued during the effective period of this contract, but not
completed within that period, shall be completed by the Contractor within
the time s ecified in the order. The contract shall overn the Contractor's
p
9
and the County's rights and obligations with respect to that order to the
extent as if the order were completed during the contract performance
period.
Page 22
15. PRICE ESCALATION/DE-ESCALATION (PPI)
The County may allow a price escalation provision within this award.
The original contract prices shall be firm for the entirety of the initial one (1) year
contract period. A price escalation/de-escalation will be considered at the time of
contract renewal and at 1-year intervals thereafter, provided the Contractor
notifies the County, in writing, of the pending price escalation/de-escalation a �
minimum of sixty (60) days prior to the contract renewal date. Price adjustments
shall be based on the latest version of the Producer Price Index (PPI) — Industry
Data, as published by the U.S. Department of Labor, Bureau of Labor Statistics. I,I
This information is available at www.bls.qov. Contractor shall utilize the North
American Industry Classification System (NAICS) to identify the industry code I
most similar to the contracted commodity for the required calculation below. This �,
information is available at www.census.gov/eos/www/naics/. '�i
Price adjustment shall be calculated by applying the simple percentage model to ',
the PPI data. This method is defined as subtracting the base period index value �
(at the time of initial award) from the index value at time of calculation (latest
version of the PPI published as of the date of request for price adjustment), ,
divided by the base period index value to identify percentage of change, then ,
multiplying the percentage of change by 100 to identify the percentage change. ',
Formula is as follows:
Current Index— Base Index/ Base Index = % of Change
% of Change x 100 = Percentage Change
PPI Calculation Example:
PPI for current period 232.945
Less PPI for base period 229.815
Equals index point change 3.130
Divided by base period PPI 229.815
Equals 0.0136
Result multiplied by 100 0.0136 x 100
Equals percent change 1.4%
Page 23
A price increase may be requested only at each time interval specified above,
using the methodology outlined in this section. To request a price increase,
Contractor shall submit a letter stating the percentage amount of the requested
increase and adjusted price to the Orange County Procurement Division. The
letter shall include the complete calculation utilizing the formula above, and a
copy of the PPI — Industry Data index table used in the calculation. The
maximum allowable increase shall not exceed 4%, unless authorized by the
Manager, Procurement Division. If approved, the price adjustment shall become
effective on the contract renewal date. All price adjustments must be accepted
by the Manager, Procurement Division and shall be memorialized by written
amendment to this contract. No retroactive contract price adjustments will be
allowed. Only final PPI data will be used to adjust contract pricing.
Should the PPI — Industry Data as published by the U.S. Department of Labor,
Bureau of Labor Statistics decrease during the term of the contract, or any
renewals, the Contractor shall notify the Orange County Procurement Division of
price decreases in the same method outlined above. If approved, the price
adjustment shall become effective on the contract renewal date. If the Contractor
fails to pass the decrease on to the County, the County reserves the right to
place the Contractor in default, cancel the award, and remove the Contractor
from the County Vendor List for a period of time deemed suitable by the County.
In the event of this occurrence, the County further reserves the right to utilize any
options as stated herein.
16. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES
At the option of the Contractor, the use of the contract resulting from this
solicitation may be extended to other governmental agencies, including the State
of Florida, its agencies, political subdivisions, counties, and cities.
Each governmental agency allowed by the Contractor to use this contract shall
do so independent of any other governmental entity. Each agency shall be
responsible for its own purchases and shall be liable only for goods or services
ordered, received and accepted. No agency receives any liability by virtue of this
bid and subsequent contract award.
17. BID PREFERENCE
In accordance with the Minority Women Owned Business Enterprise (MWBE)
Ordinance, award of a contract resulting from this Invitation for Bids may be
made to the lowest responsive and responsible Orange County certified MWBE
bidder provided that the bid does not exceed the overall lowest responsive and
responsible bidder by the following percentages for the bid amounts listed:
Page 24
A. 8% - Bids Up To $100,000
B. 7% - Bids Greater Than $100,000 to $500,000
C. 6% - Bids Greater Than $500,000 to $750,000
D. 5% - Bids Greater Than $750,000 to $2,000,000
E. 4% - Bids Greater Than $2,000,000 to $5,000,000
F. 3°/a - Bids Greater Than $5,000,000
In accordance with the Service Disabled Veteran Business Ordinance, award of I
a contract resulting from this Invitation for Bids may be made to the lowest
responsive and responsible registered Service Disabled Veteran bidder provided
that the bid does not exceed the overall lowest responsive and responsible
bidder by the following percentages for the bid amounts listed: i
A. 8% - Bids Up To $100,000 I
B. 7% - Bids Greater Than $100,000 to $500,000
C. 6% - Bids Greater Than $500,000 to $750,000 '�
D. 5% - Bids Greater Than $750,000 to $2,000,000 '
E. 4% - Bids Greater Than $2,000,000 to $5,000,000 ',
F. 3% - Bids Greater Than $5,000,000
In the event of a tie between an M/WBE and an SDV with all else being
equal, the award shall be made to the firm with the lowest business net
worth.
18. METHOD OF ORDERING
The County shall issue Delivery (Purchase) Orders against the contract on an as
needed basis for the goods or services listed on the Bid Response Form.
19. ATTACHMENTS
The following attachment(s) is/are attached to, and made a part of this Invitation
for Bids:
A. Delivery Locations
20. CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM
CONTRACTS
It is hereby made a part of this Invitation for Bids that before, during and after a
public emergency, disaster, hurricane, flood, or other acts of God that Orange
County shall require a "first priority" basis for goods and services. It is vital and
imperative that the majority of citizens are protected from any emergency
situation which threatens public health and safety, as determined by the County.
Contractor agrees to rent/sell/lease all goods and services to the County or other
, governmental entities as opposed to a private citizen, on a first priority basis.
The County expects to pay contractual prices for all goods or services required
during an emergency situation. Contractor shall furnish a twenty-four (24) hour
;
phone number in the event of such an emergency.
Pa e 25
9
21. REFERENCES
A contact person shall be someone who has personal knowledge of the Bidder's
performance for the specific requirement listed. Contact person shall have been
informed that they are being used as a reference and that the County may be
contacting them. More than one person can be listed but all shall have
knowledge of the project. The reference shall be the owner or a representative
of the owner. Contractors who provided services under the referenced project
(contract) shall not be accepted as references. DO NOT list principals or officers
who shall not be able to answer specific questions regarding the project. Failure
of references listed to respond to the County's inquiries may negatively impact
the responsibility of the Bidder.
22. REQUIREMENTS CONTRACT
This is a Requirements Contract and the County's intent is to order from the
Contractor all of the goods or services specified in the contract's price schedule
that are required to be purchased by the County. If the County urgently requires
delivery of goods or services before the earliest date that delivery may be
required under this contract, and if the contractor will not accept an order
providing for accelerated delivery, the County may acquire the goods or services
from another source.
The County's requirements in this contract are estimated and there is no
commitment by the County to order any specified amount. If the estimated
quantities are not achieved, this shall not be the basis for an equitable
adjustment.
If the Manager, Procurement Division determines that the Contractor's
performance is less than satisfactory, the County may order the goods or
services from other sources until the deficient performance has been cured
or the contract terminated.
Page 26
SPECIFICATIONS
CAUSTIC SODA-50% LIQUID (SODIUM HYDROXIDE)
1. 50% Liquid Caustic Soda (concentration expressed as percent by weight), also
known as Sodium Hydroxide, shall not be combustible and not support
combustion.
2. 50% Liquid Caustic Soda shall be commercial grade, of new manufacture,
colorless, approved for use in potable water treatment, hydroscopic, readily
soluble in water and shall be non-corrosive to rubber and PVC at atmospheric
temperatures. 50% Liquid Caustic Soda shall have a minimum boiling point of
142 degrees Celsius.
3. 50% Liquid Caustic Soda shall be in conformance with ANSI/NSF Standard 60
and AWWA Standard B501-98 as applicable. This product is utilized in the
treatment of drinking water and shall be fit for this use.
4. All delivery tanker trucks shall be equipped with an emergency shut off valve.
The vendor shall supply and install, at no cost to the County, any adapter(s)
necessary to effect the proper and safe off-loading of the 50% Liquid Caustic
Soda being delivered. Any adaptors or equipment furnished to meet this
requirement shall be approved by the County, prior to installation.
5. All delivery vehicles shall be capable of delivering a minimum of 40,000 pounds
of 50% Liquid Caustic Soda. Said tankers shall not be used to ship any other
product on a rotational basis with the exception of higher concentrations of the
same product.
6. All deliveries must be scheduled in advance with the ordering activity or the
delivery may be denied. Delivery shall take place between the hours of 8:00 AM
and 2:30 PM.
7. Orange County security procedures require that each delivery driver and tanker
be properly identified and authenticated prior to entry to any water supply facility.
Drivers shall have in their possession the appropriate drivers license and a valid
company ID. Upon arrival, both shall be presented to authorized security forces
and or County employees. Failure to do so will result in refusal of the shipment.
The County reserves the right to inspect and/or search any delivery vehicle
attempting to enter the premises
8. Delivery drivers shall comply with any special instructions given upon arrival and
shall maintain a pleasant, professional demeanor while visiting the facility.
Failure to do so will result in removal from the facility. The driver shall deliver a
ticket or lading bitl to a County employee upon completion of the delivery.
9. Deliveries and product handling shall comply with all applicable Federal, State
and local government regulations.
Page 27
10. Tanker drivers shall be fully trained in all aspects of safe product handling. They
shall wear all required protective equipment while making deliveries. Failure to
do so will result in removal from the facility.
11. Upon request, the vendor shall supply the County with a written chemical
analysis of any shipment.
12. The Vendor shall be responsible for cleanup of any spilled product. Upon
notification, the vendor will respond within 2 hours to perform any necessary
actions to properly remove and dispose of spillage. The vendor shall repair any
damage caused by spillage and is responsible for the costs of all materials, labor
or permits necessary to do so.
13. The Vendor shall conduct, at no cost to the County, an annual, on-site safety
instruction session with County personnel. This session shall cover the
characteristics and safe handling of 50% Liquid Caustic Soda. The instruction
session shall be a minimum duration of four (4) hours. The date and time of said
session shall be coordinated with the County. The County will furnish a suitable
training area for this session.
Page 28
BID RESPONSE FORM
IFB #Y15-1004-JS
The contractor shall provide all labor and other resources necessary to provide the
supplies, equipment and/or services in strict accordance with the specifications defined
in this solicitation for the amounts specified in this Bid Response Form, inclusive of
overhead, profit and any other costs.
ITEM ESTIMATED UNIT TOTAL
NO. DESCRIPTION QUANTITY PRICE EST. BID
1. 50% Liquid Caustic Soda 1,374 dry tons $ /dry ton $
(Sodium Hydroxide Bulk)
TOTAL ESTIMATED BID (FOB DESTINATION) $
Company Name
IMPORTANT NOTE: When completinq your bid, do not attach anv forms which
mav contain terms and conditions that conflict with those listed in the Countv's
bid documents(s). Inclusion of additional terms and conditions such as those
which mav be on vour companv's standard forms shall result in vour bid beinq
declared non-responsive as these chanqes will be considered a counteroffer to
the Countv's bid.
Delivery shall be no later than three (3) calendar days After Receipt of Order (ARO) per
Special Terms and Conditions 6.
Inquiries regarding this Invitation for Bids may be directed to Jim Schell, Senior
Purchasing Agent, at Jim.SchellCc�ocfl.net.
Bid Response Documents - The following documents constitute your bid:
A. Bid Response Form, Authorized Signatories/Negotiators, Drug-Free Workplace,
Schedule of Sub-contracting, Conflict/Non-Conflict of Interest Form, E-
Verification Certification, and current W9, Relationship Disclosure Form and
Orange County Specific Project Expenditure Report. Please make sure forms
are fully executed where required.
B. Qualifications of Bidders information, per Special Terms and Conditions.
C. Completed attached reference documentation.
Page 29
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#: D-U-N-SO#
(Street No. or P.O. Box Number) (Street Name) (City)
(County) (State) (Zip Code)
Contact Person:
Phone Number: Fax Number:
Email Address:
EMERGENCY CONTACT
Emergency Contact Person:
Telephone Number: Cell Phone Number:
Residence Telephone Number: Email:
ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by
completing the blocks below or by completion of the applicable information on the
addendum and returning it not later than the date and time for receipt of the bid. Failure
to acknowledge an addendum that has a material impact on this solicitation may
negatively impact the responsiveness of your bid. Material impacts include but are not
limited to changes to specifications, scope of work/services, delivery time, perFormance
period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No. , Date Addendum No. , Date
Addendum No. , Date Addendum No. , Date
Page 30
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids,
negotiate and/or sign contracts and related documents to which the bidder will be duly
bound. Principal is defined as an emplovee, officer or other technical or professional in
a position capable of substantiallv influencing the development or outcome of an activity
required to perform the covered transaction.
Name Title Telephone Number/Email
(Signature) (Date)
(Title)
(Name of Business)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship Partnership Non-Profit
Joint Venture Corporation
State of Incorporation:
Principal Place of Business (Florida Statute Chapter 607):
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA
DIVISION OF CORPORATIONS.
Federal I.D. number is
Page 31
REFERENCES
List three (3) customers during the past ten (10) years for which you provided, goods or
services similar to those specified in the solicitation in the spaces provided below.
Provide the owner's name, contact person, address, email address, telephone number,
and date services were performed, as described.
1. Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Add ress:
Telephone Number:
Email Address:
2. Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Page 32
Email Address:
3. Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 33
DRUG-FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies
that does:
Name of Business
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, employee assistance programs and the penalties that
may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Florida Statute 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with
above requirements.
Bidder's Signature
Date
SCHEDULE OF SUBCONTRACTING
IFB NO. Y15-1004-JS
As specified in the General Terms and Conditions and the Bid Preference Clause in the Special Terms and Conditions, bidders are to
present the details of subcontractor participation.
Type of Work to Percent of
Name Of Subcontractor Address be Performed Contract Amount
to be
Subcontracted
Company Name:
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
[ ] To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
OR
[ ] The undersigned bidder, by attachment to this form, submits information
which may be a potential conflict of interest due to other clients, contracts, or
property interest for this project.
LITIGATION STATEMENT
CHECK ONE
[ ] The undersigned bidder has had no litigation and/or judgments entered
against it by any local, state or federal entity and has had no litigation and/or
judgments entered against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments
entered by or against any local, state or federal entity, by any state or federal
court, during the past ten (10) years.
COMPANY NAME
AUTHORIZED SIGNATURE
NAME (PRINT OR TYPE)
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid.
Likewise, failure to provide documentation of a possible conflict of interest, or a
summary of past litigation and/or judgments, may result in disqualification of your bid.
E VERIFICATION CERTIFICATION
Contract No. Y15-1004-JS
I hereby certify that I will utilize the U.S. Department of Homeland Security's E-Verify
system in accordance with the terms governing the use of the system to confirm the
employment eligibility of the individuals classified below. In accordance with s. 837.06,
Florida Statutes, I understand and acknowledge that whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his
or her official duties shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida statutes.
All persons, including subcontractors and their workforce, who will perform work under
Contract No. Y15-1004-JS, Liquid Caustic Soda 50%, within the state of Florida.
NAME OF CONTRACTOR:
ADDRESS OF CONTRACTOR:
AUTHORIZED SIGNATURE:
TITLE:
DATE:
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY PROPOSER
For procurement items that will come before the Board of County Commissioners for
final approval, this form shall be completed by the Bidder and shall be submitted to the
Procurement Division by the Bidder.
In the event any information provided on this form should change, the Bidder must file
an amended form on or before the date the item is considered by the appropriate board
or body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone: ( )
Facsimile: ( )
INFORMATION ON BIDDER'S AUTHORIZED AGENT, IF APPLICABLE:
(Agent Authorization Form also required to be attached)
Name of Bidder's Authorized Agent:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone: ( )
Facsimile: ( )
Page 1
Part II
IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC?
YES NO
IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER'S EMPLOYEE?
YES NO
IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE
OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY
MEMBER OF THE BCC?
YES NO
If you responded "YES" to any of the above questions, please state with whom and
explain the relationship.
(Use additional sheets of paper if necessary)
Page 2
Part III
ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED
I hereby certify that information provided in this relationship disclosure form is true and
correct based on my knowledge and belief. If any of this information changes, I further
acknowledge and agree to amend this relationship disclosure form prior to any meeting
at which the above-referenced project is scheduled to be heard. In accordance with s.
837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes
a false statement in writing with the intent to mislead a public servant in the
performance of his or her official duty shall be guilty of a misdemeanor in the second
degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes.
Signature of Bidder Date
Printed Name and Title of Person completing this form:
STATE OF •
COUNTY OF �
I certify that the foregoing instrument was acknowledged before me this
day of , 20 by . He/she is
personally known to me or has produced as
identification and did/did not take an oath.
Witness my hand and official seal in the county and state stated above on
the day of , in the year
Signature of Notary Public
(Notary Seal) Notary Public for the State of
My Commission Expires:
Staff signature and date of receipt of form
Staff reviews as to form and does not attest to the accuracy or veracity of the
information provided herein.
Page 3
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
RELATIONSHIP DISCLOSURE FORM
Updated 6-28-11
WHAT IS THE RELATIONSHIP DISCLOSURE FORM?
The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form
created pursuant to the County's Local Code of Ethics, codified at Article XIII of Chapter
2 of the Orange County Code, to ensure that all development-related items and
procurement items presented to or filed with the County include information as to the
relationship, if any, between the applicant and the County Mayor or any member of the
Board of County Commissioners (BCC). The form will be a part of the backup
information for the applicant's item.
WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS?
Form OC CE 2D is used only for development-related items, and form OC CE 2P is
used only for procurement-related items. The applicant needs to complete and file the
form that is applicable to his/her case.
WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM?
Form OC CE 2D should be completed and filed by the owner of record, contract
purchaser, or authorized agent. Form OC CE 2P should be completed and filed by the
bidder, offeror, quoter, or respondent, and, if applicable, their authorized agent. In all
cases, the person completing the form must sign the form and warrant that the
information provided on the form is true and correct.
WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM?
The relationship disclosure form needs to disclose pertinent background information
about the applicant and the relationship, if any, between, on the one hand, the applicant
and, if applicable, any person involved with the item, and on the other hand, the Mayor
or any member of the BCC.
In particular, the applicant needs to disclose whether any of the following relationships
exist: (1) the applicant is a business associate of the Mayor or any member of the BCC;
(2) any person involved with the approval of the item has a beneficial interest in the
outcome of the matter and is a business associate of the Mayor or any member of the
BCC; (3) the applicant is a relative of the Mayor or any member of the BCC; or (4) the
Mayor or any member of the BCC is an employee of the applicant. (See Section 2-454,
Orange County Code.)
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Applicant means, for purposes of a development-related project, the owner, and, if
applicable, the contract purchaser or owner's authorized agent. Applicant means, for
purposes of a procurement item, the bidder, offeror, quoter, respondent, and, if
applicable, the authorized agent of the bidder, offeror, quoter, or respondent.
Business associate means any person or entity engaged in or carrying on a business
enterprise with a public officer, public employee, or candidate as a partner, joint venture,
corporate shareholder where the shares of such corporation are not listed on any
national or regional stock exchange, or co-owner of property. In addition, the term
Page 1
includes any person or entity engaged in or carrying on a business enterprise, or
otherwise engaging in common investment, with a public officer, public employee, or
candidate as a partner, member, shareholder, owner, co-owner, joint venture partner, or
other investor, whether directly or indirectly, whether through a Business Entity or
through interlocking Parent Entities, Subsidiary Entities, or other business or investment
scheme, structure, or venture of any nature. (See Section 112.312(4), Florida Statutes,
and Section 2-452(b), Orange County Code.)
Employee means any person who receives remuneration from an employer for the
performance of any work or service while engaged in any employment under any
appointment or contract for hire or apprenticeship, express or implied, oral or written,
whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and
minors. (See Section 440.02(15), Florida Statutes.)
Relative means an individual who is related to a public officer or employee as father,
mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband,
wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother,
half sister, grandparent, great grandparent, grandchild, great grandchild, step
grandparent, step great grandparent, step grandchild, step great grandchild, person
who is engaged to be married to the public officer or employee or who otherwise holds
himself or herself out as or is generally known as the person whom the public officer or
employee intends to marry or with whom the public officer or employee intends to form
a household, or any other natural person having the same legal residence as the public
officer or employee. (See Section 112.312(21), Florida Statutes.)
DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF
INFORMATION CHANGES?
Yes. It remains a continuing obligation of the applicant to update this form whenever
any of the information provided on the initial form changes.
WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT
UPDATES NEED TO BE FILED?
For a development-related item, the Relationship Disclosure Form and any update need
to be filed with the County Department or County Division where the applicant filed the
application. For a procurement item, the Relationship Disclosure Form and any update
need to be filed with the Procurement Division.
WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED
TO BE FILED?
In most cases, the initial form needs to be filed when the applicant files the initial
development-related project application or initial procurement-related forms. However,
with respect to a procurement item, a response to a bid will not be deemed
unresponsive if this form is not included in the initial packet submitted to the
Procurement Division.
If changes are made after the initial filing, the final, cumulative Relationship Disclosure
Form needs to be filed with the appropriate County Department or County Division
processing the application not less than seven (7) days prior to the scheduled BCC
agenda date so that it may be incorporated into the BCC agenda packet. When the
matter is a discussion agenda item or is the subject of a public hearing, and an update
has not been made at least 7 days prior to BCC meeting date or is not included in the
Page 2
BCC agenda packet, the applicant is obligated to verbally present such update to the
BCC when the agenda item is heard or the public hearing is held. When the matter is a
consent agenda item and an update has not been made at least 7 days prior to the BCC
meeting or the update is not included in the BCC agenda packet, the item will be pulled
from the consent agenda to be considered at a future meeting.
WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM AND ANY UPDATES?
The information disclosed on this form and any updates will be a public record as
defined by Chapter 119, Florida Statutes, and may therefore be inspected by any
interested person. Also, the information will be made available to the Mayor and the
BCC members. This form and any updates will accompany the information for the
applicant's project or item.
However, for development-related items, if an applicant discloses the existence of one
or more of the relationships described above and the matter would normally receive
final consideration by the Concurrency Review Committee or the Development Review
Committee, the matter will be directed to the BCC for final consideration and action
following committee review.
CONCLUSION:
We hope you find this FAQ useful to your understanding of the Relationship Disclosure
Form. Please be informed that if the event of a conflict or inconsistency between this
FAQ and the requirements of the applicable ordinance or law governing relationship
disclosures, the ordinance or law controls.
Also, please be informed that the County Attorney's Office is not permitted to render
legal advice to an applicant or any other outside party. Accordingly, if the applicant or
an outside party has any questions after reading this FAQ, he/she is encouraged to
contact his/her own legal counsel.
Page 3
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shall be completed in full and filed with all application
submittals. This form shall remain cumulative and shall be filed with the department
processing your application. Forms signed by a principal's authorized agent shall include an
executed Agent Authorization Form.
This is the initial Form:
This is a Subsequent Form:
Part I
Please complete all of the following:
Name and Address of Principal (legal name of entity or owner per Orange County tax rolls):
Name and Address of Principal's Authorized Agent, if applicable:
List the name and address of all lobbyists, Contractors, contractors, subcontractors,
individuals or business entities who will assist with obtaining approval for this
project. (Additional forms may be used as necessary.)
1. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
2. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
3. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
4. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
5. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
6. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
7. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
8. Name and address of individual or business entity:
Are they registered Lobbyist? Yes_ or No_
Page 1
Part II
Expenditures:
For this report, an "expenditure" means money or anything of value given by the principal
and/or his/her lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County
Code. This may include public relations expenditures including, but not limited to, petitions,
fliers, purchase of inedia time, cost of print and distribution of publications. However, the term
"expenditure" does not include:
•Contributions or expenditures reported pursuant to chapter 106, Florida Statutes;
•Federal election law, campaign-related personal services provided without
compensation by individuals volunteering their time;
•Any other contribution or expenditure made by or to a political party;
•Any other contribution or expenditure made by an organization that is exempt from
taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida
Statutes; and/or
•Professional fees paid to registered lobbyists associated with the project or item.
The following is a complete list of all lobbying expenditures and activities (including those of
lobbyists, contractors, Contractors, etc.) incurred by the principal or his/her authorized agent
and expended in connection with the above-referenced project or issue. You need not include
de minimus costs (under $50) for producing or reproducing graphics, aerial
photographs, photocopies, surveys, studies or other documents related to this project.
Date of Name of Party Description of Activity Amount Paid
Expenditure Incurring
Expenditure
TOTAL EXPENDED THIS $
REPORT
Page 2
Part III
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure report is true and
correct based on my knowledge and belief. I acknowledge and agree to comply with the
requirement of section 2-354, of the Orange County code, to amend this specific project
expenditure report for any additional expenditure(s) incurred relating to this project prior to
the scheduled Board of County Commissioner meeting. I further acknowledge and agree
that failure to comply with these requirements to file the specific expenditure report and all
associated amendments may result in the delay of approval by the Board of County
Commissioners for my project or item, any associated costs for which I shall be held
responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge
that whoever knowingly makes a false statement in writing with the intent to mislead a public
servant in the performance of his or her official duty shall be guilty of a misdemeanor in the
second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes.
Date Signature of o Principal or o Principal's Authorized Agent
(check appropriate box)
Printed Name and Title of Person completing this form:
STATE OF •
COUNTY OF •
I certify that the foregoing instrument was acknowledged before me this
day of , 20 by . He/she is
personally known to me or has produced as
identification and did/did not take an oath.
Witness my hand and official seal in the county and state stated above on
the day of , in the year
Signature of Notary Public
(Notary Seal) Notary Public for the State of
My Commission Expires:
Staff signature and date of receipt of form
Staff reviews as to form and does not attest to the accuracy or veracity of the
information provided herein.
Page 3
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
SPECIFIC PROJECT EXPENDITURE REPORT
Updated 3-1-11
WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT (SPR)?
A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b)
of the Orange County Lobbying Ordinance, codified at Article X of Chapter 2 of the
Orange County Code, reflecting all lobbying expenditures incurred by a principal and
their authorized agent(s) and the principal's lobbyist(s), contractor(s), subcontractor(s),
and Contractor(s), if applicable, for certain projects or issues that will ultimately be
decided by the Board of County Commissioners (BCC).
Matters specifically exempt from the SPR requirement are ministerial items, resolutions,
agreements in settlement of litigation matters in which the County is a party, ordinances
initiated by County staff, and some procurement items, as more fully described in 2.20
of the Administrative Regulations.
Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying
need not be disclosed on this form. (See Section 2-354(b), Orange County Code.)
WHO NEEDS TO FILE THE SPR?
The principal or his/her authorized agent needs to complete and sign the SPR and
warrant that the information provided on the SPR is true and correct.
A principal that is a governmental entity does not need to file an SPR.
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Expenditure means "a payment, distribution, loan, advance, reimbursement, deposit, or
anything of value made by a lobbyist or principal for the purpose of lobbying. This may
include public relations expenditures (including but not limited to petitions, flyers,
purchase of inedia time, cost of print and distribution of publications) but does not
include contributions or expenditures reported pursuant to Chapter 106, Florida
Statutes, or federal election law, campaign-related personal services provided without
compensation by individuals volunteering their time, any other contribution or
expenditure made by or to a political party, or any other contribution or expenditure
made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s.
501(c)(4)." (See Section 112.3215, Florida Statutes.) Professional fees paid by the
principal to his/her lobbyist for the purpose of lobbying are not deemed to be
"expenditures." (See Section 2-354, Orange County Code.)
Lobbying means seeking "to encourage the approval, disapproval, adoption, repeal,
rescission, passage, defeat or modification of any ordinance, resolution, agreement,
development permit, other type of permit, franchise, vendor, Contractor, contractor,
recommendation, decision or other foreseeable action of the [BCC]," and "include[s] all
communications, regardless of whether initiated by the lobbyist or by the person being
lobbied, and regardless of whether oral, written or electronic." (See Section 2-351,
Orange County Code.) Furthermore, lobbying means communicating "directly with the
County Mayor, with any other member of the [BCC], or with any member of a
procurement committee." (See Section 2-351, Orange County Code.) Lobbying also
Page 1
means communicating "indirectly with the County Mayor or any other member of the
[BCC]" by communicating with any staff member of the Mayor or any member of the
BCC, the county administrator, any deputy or assistant county administrator, the county
attorney, any county department director, or any county division manager. (See Section
2-351, Orange County Code.) Lobbying does not include the act of appearing before a
Sunshine Committee, such as the Development Review Committee or the Roadway
Agreement Committee other than the BCC.
Principal means "the person, partnership, joint venture, trust, association, corporation,
governmental entity or other entity which has contracted for, employed, retained, or
otherwise engaged the services of a lobbyist." Principal may also include a person,
partnership, joint venture, trust, association, corporation, limited liability corporation, or
other entity where it or its employees do not qualify as a lobbyist under the definition set
forth in Section 2-351 of the Orange County Code but do perform lobbying activities on
behalf of a business in which it has a personal interest.
DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES?
Yes. It remains a continuing obligation of the principal or his/her authorized agent to
update the SPR whenever any of the information provided on the initial form changes.
WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED?
The SPR needs to be filed with the County Department or County Division processing
the application or matter. If and when an additional expenditure is incurred subsequent
to the initial filing of the SPR, an amended SPR needs to be filed with the County
Department or County Division where the original application, including the initial SPR,
was filed.
WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED?
In most cases, the initial SPR needs to be filed with the other application forms. The
SPR and any update must be filed with the appropriate County Department or County
Division not less than seven (7) days prior to the BCC hearing date so that they may be
incorporated into the BCC agenda packet. (See Section 2-354(b), Orange County
Code.) When the matter is a discussion agenda item or is the subject of a public
hearing, and any additional expenditure occurs less than 7 days prior to BCC meeting
date or updated information is not included in the BCC agenda packet, the principal or
his/her authorized agent is obligated to verbally present the updated information to the
BCC when the agenda item is heard or the public hearing is held. When the matter is a
consent agenda item and an update has not been made at least 7 days prior to the BCC
meeting or the update is not included in the BCC agenda packet, the item will be pulled
from the consent agenda to be considered at a future meeting.
WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR
AND ANY UPDATES?
The information disclosed on the SPR and any updates will be a public record as
defined by Chapter 119, Florida Statutes, and therefore may be inspected by any
interested person. Also, the information will be made available to the Mayor and the
BCC members. This information will accompany the other information for the principal's
project or item.
Page 2
CONCLUSION:
We hope you find this FAQ useful to your understanding of the SPR. Please be
informed that in the event of a conflict or inconsistency befinreen this FAQ and the
requirements of the applicable ordinance governing specific project expenditure reports,
the ordinance controls.
Also, please be informed that the County Attorney's Office is not permitted to render
legal advice to a principal, his/her authorized agent, or any other outside party.
Accordingly, if after reading this FAQ the principal, his/her authorized agent or an
outside party has any questions, he/she is encouraged to contact his/her own legal
counsel.
Page 3
AGENT AUTHORIZATION FORM
I/We, (Print Bidder name) , Do
hereby authorize (print agent's name), , to
act as my/our agent to execute any petitions or other documents necessary to affect
the CONTRACT approval PROCESS more specifically described as follows, (IFB
NUMBER AND TITLE) , and to appear on
my/our behalf before any administrative or legislative body in the county considering this
CONTRACT and to act in all respects as our agent in matters pertaining TO THIS
CONTRACT.
Signature of Bidder Date
STATE OF :
COUNTY OF :
I certify that the foregoing instrument was acknowledged before me this
day of , 20 by . He/she is
personally known to me or has produced as
identification and did/did not take an oath.
Witness my hand and official seal in the county and state stated above on
the day of , in the year
Signature of Notary Pubtic
Notary Public for the State
(Notary Seal) of
My Commission
Expires:
EXHIBIT A
LEASED EMPLOYEE AFFIDAVIT
I affirm that an employee leasing company provides my workers' compensation
coverage. I further understand that my contract with the employee leasing company limits
my workers' compensation coverage to enrolled worksite employees only. My leasing
arrangement does not cover un-enrolled worksite employees, independent contractors,
uninsured sub-contractors or casual labor exposure.
I hereby certify that 100% of my workers are covered as worksite employees with
the employee leasing company. I certify that I do not hire any casual or uninsured labor
outside the employee leasing arrangement. I agree to notify the County in the event that I
have any workers not covered by the employee leasing workers' compensation policy. In
the event that I have any workers not subject to the employee leasing arrangement, I
agree to obtain a separate workers' compensation policy to cover these workers. I further
agree to provide the County with a certificate of insurance providing proof of workers'
compensation coverage prior to these workers entering any County jobsite.
I further agree to notify the County if my employee leasing arrangement terminates
with the employee leasing company and I understand that 1 am required to furnish proof of
replacement workers' compensation coverage prior to the termination of the employee
leasing arrangement.
I certify that I have workers' compensation coverage for all of my workers through the
employee leasing arrangement specified below:
Name of Employee Leasing Company:
Workers' Compensation Carrier:
A.M. Best Rating of Carrier:
Inception Date of Leasing Arrangement:
I further agree to notify the County in the event that I switch employee-leasing
companies. I recognize that I have an obligation to supply an updated workers'
compensation certificate to the County that documents the change of carrier.
Name of Contractor:
Signature of Owner/Officer:
Title: Date:
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EXHIBIT B
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED — DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s)
The following are additional insured under the Professional Liability section of this policy
alread included under the GL b form#86571 ,
YOUR MEDICAL DIRECTORS AND ADMINISTRATORS, INCLUDING PROFESSIONAL
PERSONS, BUT ONLY WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES FOR THE
NAMED INSURED AS MEDICAL DIRECTORS AND ADMINISTRATORS;
AN INDEPENDENT CONTRACTOR IS AN INSURED ONLY FOR THE CONDUCT OF YOUR
BUSINESS AND SOLELY WHILE PERFORMING SERVICES FOR A CLIENT OF THE NAMED
INSURED, BUT SOLELY WITHIN THE SCOPE OF SERVICES CONTEMPLATED BY THE NAMED
INSURED;
STUDENTS IN TRAINING WHILE PREFORMING DUTIES AS INSTRUCTED BY THE NAMED
INSURED;
ANY ENTITY YOU ARE REQUIRED IN A WRITTEN CONTRACT (HEREINAFTER CALLED
ADDITIONAL INSURED)TO NAME AS AN INSURED IS AN INSURED BUT ONLY WITH RESPECT
TO LIABILITY ARISING OUT OF YOUR PREMISES OR OPERATIONS:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to include as an additional insured the
person(s) or organization(s) shown in the Schedule, but only with respect to liability for
"bodily Injury", "property damage" or "personal and advertising injury" caused, in whole
or in part, by your acts or omissions or the acts or omissions of those acting on your
behalf:
A. In the performance of you ongoing operations; or
B. In connection with your premises owned by or rented to you.
EXHIBIT C
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED — DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILtTY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s)
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
ATTN: PROCUREMENT DIVISION
400 E. SOUTH STREET, 2"d FLOOR
ORLANDO, FL 32801
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
Section II — Who Is An Insured is amended to include as an additional insured the
person(s) or organization(s) shown in the Schedule, but only with respect to liability for
"bodily Injury", "property damage" or "personal and advertising injury" caused, in whole
or in part, by your acts or omissions or the acts or omissions of those acting on your
behalf:
A. In the perFormance of you ongoing operations; or
B. In connection with your premises owned by or rented to you.
EXHIBIT D
WORKERS COMPENSTION AND EMPLOYEES LIABILITY
INSURANCE POLICY WC 00 03 13
2ND Reprint Effective April 1, 1984 Advisory
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by
this policy. We will not enforce our right against the person or organization named in
the Schedule. (This agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in
the Schedule.
Schedule
Name of Person or Organization:
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
ATTN: PROCUREMENT DIVISION
400 E. SOUTH STREET, 2"d FLOOR
ORLANDO, FL 32801
�O 1983 National Council on Compensation Insurance, Inc.
ONCCI Holdinqs, Inc.
EXHIBIT E
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILI�Y COVERAGE PART
SCHEDULE
Name of Person or Organization:
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
ATTN: PROCUREMENT DIVISION
400 E. SOUTH STREET, 2"d FLOOR
ORLANDO, FL 32801
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
The TRANSER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the
addition of the following:
We waive any right to recovery we may have against the person or organization shown
in the Schedule above because of payments we make for injury or damage arising out
of your ongoing operations or "your work" done under a contract with that person or
organization and included in the "Products-completed operations hazard". This waiver
applies only to the person or organization shown in the Schedule above.