HomeMy WebLinkAboutAgreement_General_04/14/2016 (2) VILLAGE OF TEQUESTA
CONTRACT FOR THE PURCHASE OF LIQUID CAUSTIC SODA
THIS CONTRACT FOR THE PURCHASE OF LIQUID CAUSTIC SODA is
entered into and effective this 2 day of March 2016, by and between the VILLAGE OF
TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Te-
questa, Florida 33469 -0273, organized and existing in accordance with the laws of the State of
Florida, hereinafter "the Village "; and BRENNTAG MID - SOUTH, INC., a foreign corpora-
tion with offices located at 1405 Highway 136 West, Henderson, 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 Caus-
tic Soda, also known Sodium Hydroxide, for use in potable water treatment and in conformance
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 March 2, 2016
correspondence from the Contractor to the Village, attached hereto as Exhibit A, and paragraph
16, "Use Of Contract By Other Government Agencies," of the January 8, 2015 Invitation For Bids
( #Y15- 1004 -JS) between Orange County Board of County Commissioners and the Contractor,
attached hereto as Exhibit B, the Village is authorized to renews its previous agreement piggy-
backing for the goods described above and as described in the April 15, 2015 Term Contract
( #Y15 -1004) for Liquid Caustic Soda 50 %, and the April 11, 2016 Amendment Number 1 Contract
Y15 -1004, Liquid Caustic Soda 50% between Orange County Board of County Commissioners
and the Contractor, attached hereto as Exhibits C and D, respectively. All exhibits are hereby in-
corporated into this Contract as if fully set forth herein.
' The previous contract between the Contractor and the Village, Contract For Purchase Of Liquid Caustic Soda, was
executed on November 12, 2015.
2. COMPENSATION: Pursuant to Exhibit B (as set forth at page 29 of the "Bid
Response Form ") and D, and in consideration for the above Scope of Services, pricing is as fol-
lows:
commercial grade 50% Liquid Caustic Soda - $429.00 per dry ton, FOB Destination
from April 11, 2016 until April 10, 2017 and subject to the termination provisions of paragraph 5
of this contract.
3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide
proof of workman's compensation insurance and liability insurance in such amounts as are speci-
fied in section 13, "Insurance Requirements," at pages 19 until 22, of Exhibit B 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 em-
ployees, 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 performance 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 preceding the date
hereof. This notice is required by section 287.133(3)(a), Florida Statutes.
5. TERMINATION; NOTICE: This Contract may be terminated 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
Page 2 of 4
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 pre-
vailing party shall be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in accord-
ance 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 modifications
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 make reports and recommendations to mu-
nicipal governing bodies based on such audits, reviews, or investigations. All parties doing busi-
ness 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 state-
ments, 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 Con-
tractor 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 performance 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 performance of
the work described in the Scope of Services, and at the conclusion of said work and upon request,
Page 3 of 4
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 format that is compatible with the Village's information technology systems.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date
and year first above written.
WITNESSES: BRENNTAG MID - SOUTH, INC.
By: ! hn Warner, District Operations Manager
On: March 2 I, 2016
(Corporate Seal)
STEPHANIE UBACH
MY COMMISSION #FF15W2
VILLAGE OF TEQUESTA
pi . Vie!.' EXPIRES September 11, 2018
(407) 398 -0153 FbrldallotaryService.com i
c
ATTEST: y: Abigail rennan, Mayor
On: Marc dl , 2016
E..O (Seal)
Lori McWilliams, MMC � J � '`GORPp9,.Q
Clerk
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C.f.�4
rwunauuoN+'
Page 4 of 4
ConnectingChemistry BRENNTAG
MEMORANDUM
TO: To Whom It May Concern
FROM: Andrew Skipp
DATE: October 6, 2015
SUBJECT: Authority to Sign
This is to advise that John Warner in his capacity of District Operations Manager has authority
to sign Bid Docum is on behalf of Brenntag Mid - South, Inc.
Andrew K. Ski
Executive Vice Pres t
State of Kentucky
County of Henderson... SST
Subscribed and sworn to before me by Andrew K. Skipp, personally known to me, on this the
day of October, 2015.
Sandra L. Littrell
Notary Public, KY State at Large
Notary ID 503005 Sandra L. Littrell, Notary Public
My Commission Expires: 1/22/18 My Commission Expires: 1/22/18
Brenntag Mid - South, Inc.
1405 Highway 136 West (42420)
PO Box 20
Henderson, KY 42419 -0020
�'k .!�
McCorkle, Janet
From: McCorkle, Janet
Sent: Tuesday, March 22, 2016 1:02 PM
To: McCorkle, Janet
Subject: Brenntag - Caustic Soda
Attachments: �range County Caustic Add 1 2016 - 2017.pdf
From: Stephanie Ubach/Mid-South/Brenntag [mailto:subach�brennta�.com]
Sent: Wednesday, March 02 2016 2:30 PM
To: Heady, Samuel <sheady�tequesta.or�>
Cc: Tim Makinster/Mid-South/Brenntag <TMakinster�brennta�.cam>
Subject: RE: Caustic Soda
Good afternaon Sam —
We've agreed to the first of 3 extensions for Orange County Caustic and happy to pass that along to you thraugh April 10
2017_ Attached is a copy of the addendum for your records- If you`d like to draw something up specific to you, I can have
it signed tomorrow- I entered it in the system already though so you won't have any problems.
Please let me know if you need anything else Contract related and have a great rest of the week�
Thank You,
Stephanie Ubach
Florida j S. Georgia
District Admin Assistant
Brenntag Mid Sauth, Inc
250 Central FI. Rarkway
Orlando, FI 32824
800.876.1727 ext 3Z13 — Direct
From: Tim Makinster/Mid-South/Brenntag
Sent: Wednesday, March 02, 2016 2:23 PM
70: Stephanie Ubach/Mid-Sauth/Brenntag <subach�brennta�.com>
Subject: Fwd: Caustic Soda
Sent from my iPhone
Begin forwarded message:
From: "Heady, Samuel" <sheadv�tepuesta.or�>
Date: March 2, 2016 at 12:30:22 PM EST
To: "tmakinster�brenntac�.com" �tmakinster�brenntac�.com>
Subject: Caustic Soda
i
�x.3
lssue Date: January 8, 2015
INVITATION FOR BIDS #Y15-1004JS
NOTICE IS HEREBY GtVEN that the Board of County Commissioners of Orange
County, Florida, henceforth referred to as the County is accepting sealed bids for:
LIQl11D 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 Qperations Centre il, 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://anps.ocfl.net/oranctebids/bidopen.asp
Johnny M. Richardson, CPPO, CFCM
Manager, Procurement Division
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
Ji m.SchellC�ocfl.net.
TABLE OF CONTENTS
DESCRIPTfON PAGE
GENERAL TERMS AND CONDIT{ONS 2-14
SPECIAL TERMS AND CONDITIONS 15-26
SPEC! FI CATI ON S 27-28
BID RESPONSE FORM 29
EMERGENCY CONTACTS 30
ACKNOWLEDGEMENT OF ADDENDA 30
AUTHORIZED SIGNATORIESlNEGOTIATORS 31
REFERENCES 32-33
DRUG-FREE WORKPI�ACE FORM
SCHEDULE OF SUBCONTRACTING FORM
CONFLICT/NON�CONFLICT OF 1NTEREST FORM
E-VERIFICATION CERTIFICATION
RELATIONSHIP DISCLOSURE FORM
RELATIONSHIP DISCLOSURE F�RM - FREQUENTLY ASKED QUESTIONS (FAQ)
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)
AGENT AUTHORIZATION FORM
EXHIBIT A- LEASED EMPLDYEE AFFIDAVIT
EXHIBIT B- COMMERCIAL GENERAL LIABILITY
EXHIBIT C- COMMERCIAL GENERAL LIABILITY
EXHIB(T D- WORKERS COMPENSATIQN & EMPLOYEES LIABIUTY INSURANCE
POLICY
EXHiBIT E- WAIVER OF TRANSFER OF RIGHTS O� RECOVERY AGAiNST
QTHERS TO US
i
GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMQTION
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 af
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 na later than the time and date specified in the solicitation:
Procurement Division
Internal Operations Cen#re 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 nat be responsible far 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 cansidered. Late bids will be returned to the
Bidder unopened. The decision to refuse to cansider a bid that was
received beyond the date/time established in the solicitation shalt not be
the basis for a pratest 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
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 shal� 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
opening or upan recommendation for award, whichever occurs first. Bidders
desiring to view these documents are urged to schedule an appointment.
Page 2
For information conceming 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
AI[ questions ar concerns regarding this Invitation for Bids shall be submitted by
email to Jim.Schell@ocfl.net, no Cater 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. Na oral interpretation of this Invitation for Bids shall be
considered bincfing. 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 e�ciency of
4range County. No Bidder or other third party gains any rights by virtue of this
provision ar 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) far new gaads, 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 Caunty after the
Manager, Procurement Division or authorized agent has, by inspection or test of
such items, detarmined that they fully comply with specifications.
Daliveries 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 acihered 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 elsewi�ere, and the Contractor shall be required to compensate the
County for the difference in price paid for the altemate 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 Exemptian Certificate). The
Manager, Procurement Division will sign an exemption certificate submitted by
the Contractor.
Page 3
Contractors doing business with the County shall nat be exempted from paying
sales tax to their suppliers for materials to fulfill contractual obligations with ths
County, nor shal! 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, wilf be in the best
interest of and/or the most advantageous to the County. The Gounty also
reserves the right to reject the bid af any bidder who has previausly failed in the
proper performance of an award or to deliver on time contracts of a similar nature
or who, in the County's opinian, 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 lawest responsive and responsible bidder as
determined by the County.
The County reserves the right, and the Manager, Procurement Division has
absolu#e and sole discretion, to cancel a solicitation at any time prior to approval
of the award by the Baard 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 Caunty Code.
6. NO BiD
Where more #han one item is listed, any items not bid upon shafl be indicated as
"NO BID".
�'. CONFLICT OF INTEREST
The award is subject to provisions af applicable State Statutes and County
Ordinances. All bidders must disclose with their bid the name of any officer,
director, or agent who is aEso an employee of Orange County. Further, all
bidders must disclose the name of any County employee who owns, directly ar
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 Contractar prior to or
during performance af the resulting contrac#, the contract shall be subject to
immediate termination by the County.
$. 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
na way be a cause for relief from responsibility.
Page 4
A. Cantractars doing business with the County are prohibited from
discriminating against any empfoyses, applicant, or client because of race,
religian, 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 °10 or more is owned and operated by a minority. In this
instance, m9nority 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 pracurement process as an MNVBE are required
to complete a certificatian application to attain recognition as such. You
may contact the Procurement Divisian 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 obligatians between the Contractor and the County for
any #erms and conditions not specifically stated in this Invitation for Bids.
10. MISTAKES
In the event of extension error{s), the unit price wiil prevail and the Bidder's total
ofFer will be corrected accordingly. In the event of addition errors, the extended
#atals 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 Cammissioners, 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 oppartunities to every person,
regardless of race, religion, sex, sexual orientation and gender
expression/identity, color, age, disability or national origin, in securing or holding
emp(oyment in a field of work or labor for which #he 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 palicy 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 subcantractors.
13. BID TABULATION AND RESULTS
Bid tabulations shall be available thirty (30) days after opening on the Orange
County website at: http or
upon notice of intended action, whichever is sooner.
14. B1D FORMS
All bids must be submitted an the County's standard Bid Response Form, Bids
on Bidder's quotatian forms shall nat 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
purchase of personal property to a person whose principal place of business is in
said state, then Orange County Florida may award a preference ta the lowest
respansive 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 [awest responsive and responsib(e bidder has its principal
place of business. This section shall not apply to transportation projects in which
Federal aid funds are used.
Any bicider whase 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 af 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.
Page 6
16. RECIPROCAL PREFERENCE
In the event the lowest responsive and responsible bid submitted in response ta
any Invitation for Bids is by a bidder whose principa! 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 fo 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://ap�ts.ocfl.net/OranqeBidslAwardsRec/default.asp prior to submission
through the appropriate approval process and will remain pasted for a period of
five (5) fuEl business days.
• Orange County Lobbyist Regulations General Information
httQ:/Iwww.ora__naecountvfl.net/OpenGoyernmendLobbinQAtOranc�eC
ountv.as�x
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 salicitation 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 black-out period restrictions af Ordinance No, 2002-15,
� Orange County Protest Procedures
http./Iwww.oran�ecountvfl.netNendorServicesNendorProtestProced
ures.asnx
Failure to file a pratest with the Manager, Procurement Division by 5:00 PM on
the fifth full business day after posting, shall constitute a waiver of bid pratest
proceedings.
18. BID AND RELATED COSTS
By submission of a bid, the Bidcter agrees that any and alf 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 cantract 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
govemed 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:l/w�wvir.dms.mv�lorida.com/business o�erations/state purchasinQ/ven
dor information/convicted sus�ended discriminatorv complaints vendor
Iistslconvicted vendor list
A person or affiliate who has been pfaced 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, subcontractar, 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 F(arida Statute Section 287.017,
for CATEG�RY 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 yaur bid.
22. SUBCONTRACTING
Bidders subcontracting any portion of the work shall state name and address of
subcontractor and the name of the persan 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
with their bid.
Page 8
24. ETHICS COMPLIANCE
The following forms are included in this solicitation and shafl be completed 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 solicitatian and
the Mayor or any o#her member of the Orange County Board of County
Commissioners. This form shall be completed and submitted with th�
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 questians concerning these forms shall be
addressed to the purchasing agent identified in this solicitation. Also, a lis#ing 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:
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 follawing:
A. Invitatian for Bids Number
B. Hour and Date of Opening
C. Name of Bidder
Bids received after the time, date, andlor at the location specified, due to failure
ta 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/RESTRICTlVE SPECIFICATIONS
If a prospective bidder considers the specification contained herein to be
proprietary or restrictive in nature, thus potentially �esulting 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 #he bid
response page.
29. PAYMENT TERMS/DISCOUNTS
The County's payment terms are in accordance with Florida Statute 218, Lacal
Government Prompt Payment Rct. Cash discounts for prompt payment shall not
be considered in determining the lowest net cost for bid evaluation purposes.
30. PATENTS AND RDYALTIES
Unless otherwise provided, the Contractor shall be solely responsible for
obtaining the right to use any patented or copyrighted maferials in the
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 af any copyrighted, patented, or unpatented
invention, process, or article manufactured or supplied by the Contractor. In the
event of any claim against the Caunty of copyright or patent infringement, the
County shall promptly provide written notification to the Contractar. If such a
claim is made, the Contractor shall use its best efforts to promptfy purchase for
the County any infringing products or services or procure a license, at no cost to
the County, which will allow continued use af the service or produc#.
If none of the alte�natives are reasonably available, #he County agrees to return
the article on request to the Contractor and receive reimbursement, if any, as
may be determined by a court of compet�nt 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 ar 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 thase
acts or omissions arising out of the sale 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 apening or for subsequent
protest of award. Bidder's must cantact the Procurement Division, at the phone
number on the bid cover sheet prior to bid ap�nin�, should clarification be
required.
Modification or alteratian of the documents contained in the solicitation ar
contract shall only be valid if mutually agreed to in writing by the Bidder and the
County.
33. CERTIFICATtON OF INDEPENDENT PRICE DETERMINATION
By submission of this bid, the Bidder certifies, and in the case of a joint bid each
party thereta 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, collusian, 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 ar indirectly
ta any other Bidder or to any competitor; and,
C. No attempt has been made ar sha(I be made by the Bidder to induce any
other person or bidder to submit or not to submit a bid far the purpose of
restricting competition.
Page 11
34. SUCCESSORS ANQ ASSIGNS
The County and the Contractor each binds itself 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 a!I covenants of this Contract. Except as above, neither the
Caunty nor the Contractor shall assign, sublet, convey or transfer its interest in
this Contract without the written consent of the other. Nothing herein shalE be
construed as creating any personal liability on the part of any officer or agent of
the Gounty 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. PRICINGIAUDIT
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 far 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
subcantractors used to procure goods under the contract with the County.
Cantractor shall ensure the Caunty has these same rights with subcontractors
and suppliers.
36. EMPLOYEES OF THE CONTRACTOR
All work under this cantract shall be performed in a professional and skillful
manner. The County may require, in writing, that the Contractor, remove from
this contract any employee the County deems incompetent, careless, ar
otherwise objectionable.
37. TOBACCO FREE CAMPUS
All Orange County operatians 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 personnef during contract
performance on County owned property. Tobacca 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/ar cantract enforcement
rem ed ies.
Page 12
38. CONTRACT CLAlMS
"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 Cantractor against the County, relating to a particular corttract
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 cantract
adjustment for which the Contractor believes the County is [iable; 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 acceated after fina! pavment of the contract.
The decision of the Manager, Procurement Division shall be issued in writing and
furnished to the Contractar. The decision shaA state the reasons for the decision
reached. The Manager, Pracurement Division shall render the final decision
within sixty (60) days after receipt of Cantractor's written request for a fina!
decision. The Manager, Procurement Division decision shall be �nal and
conclusive.
The Contractar shall proceed diligently with perFormance af 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 af Homeland Security's E-Verify system to verify the
employrrzent eligibility of all new employees hired by the Contractor during the
contract term, and an express requirement that Contractars include in such
subcontracts the requirement that subcontractors perForming work or providing
services pursuant to the state cantract utilize the E-Verify system ta 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:
h tt�:/lwwv�. u sci s.�ov/norta l/sitelu scis.
Onlr� those emr�lovees determined eliqible ta work within the United States
shall be emploved under this contract.
Page 13
By submissian of a bid in response to this solicitation, th� Contractor affirms that
all employees in the above categories shall undergo e-verification before
placement an 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 accardance with Chapter 119 of the Florida Statutes (Public Records Law),
and except as many be provided by other applicable State or Federal Law, all
praposers should be aware khat 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 informatian as public.
Page 14
SPECIAL TERMS AND CONDITIONS
't. 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 sa#isfactorily completed with
location, dates of contract, names, addresses and telephone numbers of
awners by completing the reference sheets on pages 27 and 28.
B. List of equipment and facilities available to do the wark.
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 determinatian an 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 dimensians, 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
qualificatians.
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
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. B1D ACCEPTANCE PERIOD
A bid shall canstitute 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 tl�e 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 an an "All-or-None Total Bid" or "All-or-None Total
Estimated Bid" basis ta the lowest respansive 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, transparting, delivery and
unloading to designated point within Orange County. There will be no
additionat charge for multiple delivery locations.
6. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bids. De(ivery
shali 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 park (delivery orders, if applicable) if the
Contractor fails to:
1. Provide goods or services that comply with the specifications herein
or fails to meet the County's perFormance standards
2. Deliver the goads or to perForm the services within the time
specified in this contract ar any extension.
3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisians 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 {ar the periad
specified in the notice) after receipt of the notice. Failure to adequately
cure the deficiency shall result in termination action, Such termination
may also resuit in suspension ar debarment of the Contractar in
accordance with the Caunty's Procurement Ordinance. The Contractor
and its sureties (if any} sha[I be liable for any damage to the County
resulting from the Contractor's default of the contract. This liability includes
any increased casts incurred by the County in completing contract
performance.
Page 16
In the event of termina#ion by the County for any cause, the Contractor
shall have, in no event, any claim against the County far lost profits or
compensation for lost opportunities. After a receipt of a Termination
Notice and except as otherwise directed by the County #he 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 cantrol and without the fauft or negligenc� of the Contractor
the contract shall not be terminated far default. Examples of such causes
include ('[ ) 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 ar in
part, when it is in the County's interest. If this contract is terminated, the
County shall be liable anly for goods or services delivered and accepted.
The County Notice of Termination shall pravide the Contractor thirty (30)
calendar days prior notice before it becomes effective. A termination for
convenience mav apply to individual delivery orders, purchase
orders or to the contract in its entiretv.
8. AS SPECIFIED
All goads delivered shall meet the specificatians 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 fai) ta 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
informatian:
Page 17
A. The chemical name and the common name of the toxic substance.
B. The hazards or ather risks in the use of the toxic substance, including:
1. The potential for fire, explosion, corrosiveness and reactivity;
2. The known acute and chronic health efFects of risks from exposure,
including the medica( 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 pratective
equipment and other safety precautions in the use of or exposure ta the
toxic substances, including appropriate �mergency treatment in case of
over exposure.
Q. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks
posed i�y 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 REGUt_ATIONS
The Contractor shall strictly comply with all Federal, Sta#e and local codes and
reguiations.
11. PAYMENT
Partial payments for the value of goods received and accepted may be requested
by the submission of a praperly executed invoice, with supporting documents if
required. Payment shalf be made in accordance with Florida Statute 218, Local
Government Prompt Payment Act. Payment for accepted
equipmentJgoods/services shall be accomplished by submission af an invoice, in
duplicate, to:
Orange County Utilities Department
Water Division
8100 Presidents Drive, 2" Floa�
Phone 407-836-6236
Page 18
In the event additional County Departments or other public entities u#ilize this
cont�act, invoices are to be sent directly to the Department or entity placing the
order.
12. SAFETY AND PROTECTION OF PROPERTY
The Con#ractor 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 employe�s, including
County employees and all other persons affec#ed 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 fram damage, injury or loss. This includes but is not limited to:
� Occupational Safety and Health Act (OSHA)
r National fnstitute for Occupational Safety & Health (NIOSH)
T� National Fire Protection Association (NFPA}
4 American Society of Heating, Refrigeration & Air-Conditioning
Engineers (ASHRAE)
E. The Contractar 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:
htt�;//w�v.oran�ecountvfl.netNe ndorServices/Oranr�eCou nt�tSafety
andHealthManual.asax
13. INSURANCE REQUIREMENTS
Vendor agrees to maintain on a primary basis and at its sole expense, at all
times throughout the duration of this contract the following types af 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
Vendar 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 ta
time.
The Vendor sha{I 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 VI II or better.
(Note: State licenses can be checked via www.floir.com/companvsearchl and
A.M. Best Ratings are available af www.ambest.com�
Required Caverage:
� Commercial General Liability - The Vendor shall maintain coverage issued
on the most recent version of the ISO farm as filed for use in Florida or its
equivalent, with a limit of liability of not (ess than $100,000 per occurrence.
Vendor further agrees coverage shall not c;ontain any endorsement(s)
excluding or limiting Product/Campleted Operations, Contractual Liability,
or Separation of Insureds. The General Aggregate limit shall either apply
separately to this contract ar 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.
Nate: 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 palicy number.
� Business Automobile Liability - The Vendor shalf maintain
coverage for all owned; non-owned and hired vehicles issued on the mos#
recent version of the (SD 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 nat own automobiles the Vendor shall maintain
coverage for hired and non-awned auto liability, which may be satisfied by
way of endorsement to the Commercial General Liability policy or separate
Business Auto Liability policy.
Page ZO
� Workers' Compensation - The Vendor shall maintain coverage
for its employees with statutory workers' campensation limits, and no less
than $100,000 each incident of bodily injury or disease for Employers'
Liability. Eiective exemptions as defined in Fiorida Statute 440 will be
considered on a case-by-case basis. Any Vendor/Contractor using an
employee leasing campany shall complete the Leased Employee Affidavit.
Required Endorsements:
� Waiver of Subrogation- WC 00 03 13 or its equivalent
Optional Coverage:
� Pollutian Liability- with a limit of not less than $1,0OO,OQO per
occurrence/claim
When a self-insured retention or deductible exceeds $100,000 the COUNTY
reserves th� right to request a copy of Vendor mos# recent annual report or
audited financial statement. For poEicies written on a"Claims-Made" basis the
Vendar agrees ta maintain a retroactive date prior to or equal to the effective
date af this contract. In the event the palicy is canceled, non-renewed, switched
to occurrence form, or any other event which triggers the right to purchase a
Supplementa{ 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
VendarlContractor of the obligation to provide replacement coverage.
By entering into this contract Vendor agrees to provide a waiver of
subrogation or a waiver o# 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 ta notify
the insurer and request the policy be endorsed with a Waiver of
Subrogation or a Waiver of Transfer of Rights of Recovery Against �thers
endorsement.
Prior to execution and commencement of any operations/services provided
under this contract tF�e Vendor shall provide the County with current certifcates
of insurance evidencing all required coverage. In addition to the certificate(s) af
insurance the Vendor shall alsa provide endorsements for each policy as
specified above. All specific policy endorsements shall be in the name of the
Orange County Board of County Cammissioners.
Page 21
For continuing service cantracts renewal certificates shall be submitted
immediately upon request by either the County or the County's contracted
certificat� campliance management firm. The certificates shall clearly indicate
that the Vendor has obtained insurance of the type, amount and c{assification
as required for strict compliance with this insurance section. Vendor shall natify
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 certi�cate 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 Commissianers
c!o Procurement Division
400 E. South Street, 2" Floor
Orlando, Florida 328Q1
14. CONTRACT TERM/RENEWAL
A. The contract resulting from this Invitation for Bids shall commence
effective upon issuance of a term cantract 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 conditians, such changes
shall be reduced to writing as an amendment to this contract and such
amendment shall be executed by both parties_ Renewal af the contract
shall be subject to appropriation of funds by the Baard of County
Commissioners.
B. The initiating County department{s) shall issus deliverylpurchase orders
against the t�rm cantract on an "as needed" basis.
C. (f the quantity of a unit priced item in this contract is an estimated quantity
and tfie actual quantities ordered are more than SQ% above the estimated
quantity, the County shall enter into negotiations with the Gontractor for a
lawer unit price which shall be incorporated into the contract. Failure of
the Cantractar to agree to a reduced unit price may result in the
termination of the contract and re-solicitatian of the requirement.
D. Any order issued during the effective period of this con#ract, but not
completed within that period, shall be completed by the Cantractor within
the time speci�ed in the order. The contract shall govern the Contractor's
and fhe County's rights and abligations with respect to that order to the
extent as if the order were completed during the contract pertormance
period.
Page 22
15. PRICE ESCALATION/DE-ESCALATION tPPI)
The County may ailow 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
natifies 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.
This information is available at www.bls.qov Contractor shall utilize the North
American Industry Classification System (NAICS) to identify the industry code
most similar to the contracted commodity for the required calculation below. This
information is available at www.census.c�ovleos/wwwr/naics/.
Price adjustment shall be calculated by applying the simple percentage model to
the PP1 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 bas� period index value to identify percentage of change, then
multiplying the percentage of change by 100 to iden#ify the percentage change.
Formula is as follows:
Current Index �- Base Index 1 Base Index =% of Change
% of Change x 100 = Percentage Change
PPl Calculation Example:
PPl far current period 232.945
Less PPI for base period 229.815
Equals index point change 3.130
Divided by base period PPl 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 methadology outlined in this section. To request a price increase,
Contractor shal! submit a letter stating the percentage amount of the requ�sted
increase and adjusted price to the Orange County Procurement Division. The
letter sha(I 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 sha11 become
effective an the contract renewaf date. All price adjustments must be accepted
by the Manager, Procurement Division and shall be memorialized by written
amendment to this cantract. No retroactive contract price adjustments will be
allowed. Only final PPI data will be us�d 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 appraved, 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 Caunty.
In the event of this occurrence, the County further �eserves the right to utilize any
options as stated herein.
16. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES
At the option of the Con#ractor, the use of the contract resulting from this
solicitation may be extended to other governmental agencies, including the State
of Florida, its agencies, political subdivisians, counties, and cities.
Each governmental agency allowed by the Cantractor to use this contract shal!
do so indep�ndent 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. Na 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 af a contract resulting from this Invitatian 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 $104,000
B. 7% - Bids Greater Than $100,000 to $500,000
C. 6% - Bids Greater Than $500,OOQ to $750,000
D. 5% - Bids Greater Than $750,000 to $2,000,�00
E. 4% - Bids Greater Than $2,000,000 to $5,000,000
F. 3% - Bids Greater Than $5,0OO,OQO
In accordance with the Service Disabled Veteran Business Ordinance, award of
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:
A. 8% - Bids Up To $100,000
B. 7°!0 - Bids Greater Than $100,000 to $500,000
C. 6°to - Bids Greater Than $500,OQQ 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 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) islare 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, flaad, or other acts of God that Orange
County shall require a"first priority" basis far gaods 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 ta rent/sell/lease a11 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. Cantractor shall furnish a twenty-four {24) haur
phone number in the event of such an emergency.
Page 25
21. REFERENCES
A contact person shall be someone who has personal knowledge of the Bidder's
perfarmance 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 alf 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 abfe 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 Caunty urgently requires
delivery of goods or services before #he 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 saurce.
The Caunty'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 ae 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°!o Liquid Caustic Soda (concentration expressed as percent by weight), also
known as Sodium Hydroxide, shall not be combustible and nat support
cambustion.
2 50% Liquid Caustic Soda shall be commercial grade, of new manufacture,
colorless, approved for use in potable wa#er treatment, hydroscopic, readily
solubfe in water and shall be non-corrosive to rubber and PVC at atmospheric
temperatures. 50°/a Liquid Caustic Soda shall have a minimum boiling point of
142 degrees Celsius.
3. 50°lo 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 ta effect the praper and safe off-loading of the 50°/4 Liquid Caustic
Sada being delivered. Any adaptors or equipment furnished ta meet this
requirement shall be approved by the County, prior to installation.
5. All delivery vehicles sha{I be capable of delivering a minimum of 40,000 pounds
of 50% Liquid Caustic Sada. Said tankers shall not be used to ship any ather
product an a rotational basis with the exception of higher concentrations of the
same product.
�. All deliveries must be scheduled in advance with the ordering activity or the
delivery may be denied. Delivery shall take place between the hours af $: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 Gounty employees. Failure to do so will result in refusal of the shipment.
The County reserves the right to inspect andlor search any delivery vehicle
attempting to enter the premises
8. Delivery drivers shall camply with any special instructions given upon arriva! 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 bill to a County �mployee upon completion of the delivery.
9. Deliveries and prociuct handling sha11 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 spilfed product. Upon
notification, the vendor will respond within 2 hours to perForm any necessary
actians 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 5Q% 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 fumish a suitable
training area for this session.
Page 28
BID RESPONSE FORM
IFB #Y15-1004-JS
The contractor shall provide all labor and ather 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 (FQB DESTINATION) $
�ompany Name
IMPORTANT NOTE: When comuletinq vour bid, do not attach anv forms which
may contain terms and conditians that conflict with #hose listed in the Countv's
bid documents(s). lnclusion af 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 chanc�es 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.Schelf�acfl.n�t.
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 Certificatian, and current W9, Relationship Disclosure Form and
Orange County Specific Project Expenditure Report. Please make sure forms
are fully executed where required.
B. Qual�cations of Bidders information, per Special Terms and Conditions.
C. Completed attached reference documentation.
Page 29
THE FOLLOWtNG 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 Cantact Person:
Telephane Number: Cell Phone Number:
Residence Tel�phone Number: Email:
ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall acknowledge receipt of any addenda issued to this solicitatian 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 solicitatian may
negatively impact the responsiveness of your bid. Material impacts include but are not
limited to changes ta specifications, scope of wor[c/services, delivery time, performance
period, quantities, bonds, letters af credit, insurance, or qualifications.
Addendum No. , Date Addendum Na. , Date
Addendum No. , Date Addendum No. , Date
Paga 30
AUTHORIZED SIGNATORtES/NEGOTIATORS
The Bidder represents that the following principals are authorizeti to sign bids,
negotiate and/or sign contracts and related documents to which the bidder wilf be duly
baund. Principal is defined as an emp{ovee, officer or other technical or professional in
a position caqable of substantiallv influencinq the development or outcome of an activitv
required ta perForm the covered transaction.
Name Title Telephone Number/Email
{Signature) (Date)
(Title)
{Name af Business)
The Bidder shall complete and submit the following infarmation with the bid:
Type of Organization
Sole Proprietarship Partnership Non-Profit
Jaint Venture Corporation
State of Incorporation:
Principal Place of Business (Florida Statute Chapter 607):
City/County/State
THE PRINCIPAL PLACE OF BUS{NESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA
DIVISION OF CORPORATIQNS.
Federal i.D. number is
Page 31
REFERENCES
List three (3} customers during the past ten {10) years far which you provided, goods or
services similar to those specified in the soiicitation in the spaces provided below.
Provide the owner's name, contact person, address, email address, tefephone 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
Cantract:
Contact Persan:
Address:
Telephone Number:
Email Address:
�. Company Name.
Owner's Name:
Description of goods or services provided:
Gontract Rmount:
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:
Cantract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 33
DRUG-FREE WQRKPLACE 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 o# a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prahibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business`s policy of ma9ntaining 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
s�rvices that are under bid a copy of the statement spec�ed in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a
candition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of #he statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
vialation of Florida Statuta 893 ar af any controlled substance law of the United
States or any state, far a violation occurring in the workplace no later than five (5)
days after such conviction.
5. lmpose 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 wha is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workpiace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully wi#h
above requirements.
Bidder's Signature
Date
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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 clien#s, contracts, or property interest for this
project.
OR
[] The undersigned bidder, by attachment to this form, submits infarmation
which may be a potential conflict of interest due to other clients, contracts, or
property interest for this project.
LITIGQTION STQTEMENT
CHECK �NE
[] 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 enti#ies during the past ten (10) years.
[] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation andlor judgments
entered by or against any local, state ar federal entity, by any state ar federal
court, during the past ten (10) years.
COMPANY NAME
AUTHORIZED SIGNATURE
NAME (PR{NT OR TYPE)
TITLE
Failure ta 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 andJor 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 af Homeland Security's E-Verify
system in accordance with the terms gaverning 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.
Ail persons, including subcontractors and their workforce, who will perform work under
Contract No. Y95-1004-JS, Liquid Caustic Soda 50%, within #he state of Florida.
NAME OF' CONTRACTOR:
ADDRESS OF CONTRACTOR.
AUTHORIZED SIGNATURE:
TITLE:
DATE:
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT TH�SE WHERE THE COUNTY
IS THE PRiNCIPAL OR PRlMARY PROPOSER
For procurement items that will come before the Board of County Commissioners far
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
ar body.
Part 1
fNFORMATION 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 atso required to be attached)
Name of Bidder's Authorized Agent:
Business Address {StreeUP.�. Box, City and Zip Cod�}:
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 QF 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 lil
QRIGfNAL 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 infarmation changes, I further
acknowledge and agree to amend this relationship disclosure form priar to any meeting
at which the above-referenced project is scheduled to be heard. In accordance with s.
837.46, Florida Statutes, f understand and acknowledge that whoever knawingly makes
a false statement in writing with the intent to mislead a public servant in the
performance af his or her official duty shall be guilty of a misdemeanor in the second
degree, punishabfe 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 foregaing instrument was acknowledged before me this
day of , 2Q by . He/she is
personally known to me or has produced as
identification and didJdid not take an aath.
Witness my hand and official seal in the county and state stated above on
the day of , in the year
Signature o# Notary Public
(Notary Seal) Notary Public for the State of
My Commissian Expires:
Staff signature and date of receipt of form
Staff reviews as to form and does nat attest to the accuracy or veracity of the
information provided herein.
Page 3
FREQUENTI.Y 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, befinreen the applicant and the County Mayor or any member of the
Board of County Commissioners (BCC). The form will be a part af the backup
informa#ion for the applicanYs item.
WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS?
Form OC CE 2D is used only for development-related items, and #orm OC CE 2P is
used only for procurement-related items. The applicant needs to complete and file the
farm 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 autharized agent. Form OC CE 2P should be completed and filed by the
bidder, offeror, quoter, or respondent, and, if applicable, #heir 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 carrect.
WHAT INFORMAT[ON NEEDS TO BE DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM?
The relationship disclosure farm needs to disclose pertinent background information
about the applicant and the relationship, if any, between, an the one hand, the applicant
and, if applicable, any person involved with the item, and on the other hand, the Mayor
ar 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 af the Mayor ar any member of the BCC; ar (4) the
Mayor or any member af the BCC is an employee of the applicant. (See Section 2-454,
�range 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 au#horized 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 afficer, 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 off+cer, public employee, or
candidate as a partner, member, shareholder, owner, co-owner, joint ven#ure partner, or
other investor, whether directly or indirectly, whether through a Business Entity or
through 9nterlocking Parent Entities, Subsidiary Entities, or ather business or investment
scheme, structure, or venture o# any nature. (See Section 112.312(4), Florida Statutes,
and Section 2-452(b}, Orange County Code,)
Employee means any person who receives remuneration fram 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 un(awfully 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,
mo#her, 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 #he public officer or employee or who atherwise hofds
himself or herself out as or is generally known as the person whom the public o�cer or
employee intends to marry or with whom the public o�cer or employee intends to form
a household, or any other natural person having the same legal residence as the public
officer or employee. (5ee Section 112.312(21), Florida Statutes.)
DOES THE RELATIQNSHIP DISCLOSURE FORM NEED TO BE UPDATED IF
fNFORMATION CHANGES?
Yes. It remains a continuing obligation of #he applicant to update this form whenever
any of the information pravided on the initia) form changes.
WHERE DD THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT
UPDQTES NEED TO BE FILED?
Far 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, ti�e Relationship Disclosure Form and any update
need ta be filed with the Procurement Division.
WHEN DO THE REI.ATIONSHIP DISCLOSURE �ORM AND ANY UPDATES NEED
TO BE FII.ED?
In mos# cases, the ini#ial form needs to be filed when the applicant files the initial
deveiopment-related praject 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 initiai packet submitted to the
Procurement Division.
If changes are made after the initial �ling, the final cumulative Relatianship Disclosure
Form needs to be filed with the appropriate County Department or Caunty 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 ikem ar is the subject of a public hearing, and an update
has not been made at least 7 days prior ta 6CC meeting date or is not included in the
Page 2
BCC agenda packet, the applicant is obligated to verbally presen# 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 6e pulled
from the consent agenda to be considered at a future meeting.
WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP
DISCL�SURE 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 wifl be made available to the Mayor and tF►e
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
Cammittee, 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 Caunty 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, helshe is encouraged to
contact his/her own legal counsel.
Page 3
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shal{ be compieted in full and filed with all application
submittals. This form shall remain cumulative and shall be filed with the deparEment
pracessing your application. Forms signed by a principal's authorized agent shall include an
executed Agent Authorization Farm.
This is the initial �orm:
This is a Subsequent Form:
Part I
Please complete all of the fallowing:
Name and Address of Principal (iegal 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 ali lobbyists, Contractors, contractors, subcontractors,
individuats 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 Labbyist? Yes _ or No_
5. Name and address af individual or business entity:
Are they registered Lobbyist? Yes _ or No_
6. Name and address of Endividual or business entity:
Rre 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 p�int and distribution of publications. However, the term
"'expenditure'" does nat include:
•Contributions or expenditures reported pursuant to chapter 106, Florida Statutes;
sFederal election law, campaign-related personal services provided without
compensation by individuals volunteering their time;
•Any other contributian ar expenditure made by or to a political party;
•Any other contribution or expenditure made by an arganization 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; andlor
•Professional fees paid to registered lobbyists associated with the project or item.
The following is a complete list �f all lobbying expenditures and activities (including those of
lobbyists, contractors, Contractors, etc.) incurred by the principal or his/her au#horized 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 af Name of Party Description of Activity Amount Paid
Expenditure Incurring
Expenditure
TOTAL EXPENDED THIS �
REPORT
Page 2
Part 111
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure repart 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
expendi#ure 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 camply with these requirements ta file the specific expendi#ure 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.Q6, Florida Statutes, I understand and acknowledge
that whoever knowingly makes a false statement in writing with the intent to misfead 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 a Principal or o Principal's Authorized Agent
{check appropriate box)
Printed Name and Title of Person completing this form:
STATE OF •
COUNTY OF •
{ certify that the foregaing instrument was acknowledged before me this
day of , 20_ by . He/she is
personally known to me or has produced as
identificatian and didldid not take an oa#h.
Witness my hand and official seal in the county and state stated above on
the day of , in the year
Signature af No#ary 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 repart 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 pracurement items, as more fu[ly 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.)
WH� 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 gavernmsntal entity does nat need to file an SPR.
HOW ARE THE KEY RELEVANT TERMS QEFfNED?
Expenditure means "a payment, distribution, foan, advance, r�imbursement, deposit, or
anything of value made by a lobbyist or principal for the purpos� of lobbying. This may
include public relations expenditures (including but not limited to petitians, 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 withaut
compensation by individuals volunteering their time, any other con#ribution or
expenditure made by or ta a political party, or any other contribu#ion 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.) Professiona) 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 encaurage the approval, disapproval, adoption, repeal,
rescission, passage, defeat or modificatian of any ordinance, resolution, agreement,
development permit, other type of permit, franchise, vendor, Contractor, contractor,
recammendatian, dacision or other foreseeable action of the [BCC],° and "include[s] all
communicatians, regardless of whether initiated by the lobbyist or by the person being
lobbied, and regardless of whether oral, written o� electronic." (See Section 2-359,
Orange County Code.) Furthermore, lobbying means cammunicating "directly with the
County Mayor, with any other member of the [BCC], or with any member of a
procurement committee." (See Section 2-351, �range 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 administ�ator, 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.) Labbying 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, jaint 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, associatian, corporation, limited liabifity corporation, or
other entity where it or its employees do not qualiiy as a lobbyist under the definition set
forth in Section 2-351 of the �range Counfy Gode but do perform lobbying activities on
behalf of a business in which it has a personal interest.
DOES THE SPR NEED TQ BE UPDATED IF INFORMATION CHANGES?
Yes. It remains a continuing obligatian 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 Caunty Depa�tment or Caunty
Division not less than seven (7) days prior to the BCC hearing date so that they may be
incorporated into the BCG 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 ta 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 �tem will be pulled
from the consent agenda to be considered at a future meeting.
WHO WILL BE MADE AWARE OF THE INF�RMATION DISCLOSED ON THE SPR
AND ANY UPDATES?
The information disclased on the SPR and any updates will be a public record as
defined by Chapter 119, Florida Statutes, and therefore may be �nspected by any
interested person. Alsa, 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 ifem.
Page 2
CONCLUSION:
We hope you fnd this FAQ useful to your understanding of the SPR. Please be
infarmed that in the event of a conflict or inconsistency between 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 ta 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 dacuments 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 T� 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 seaf in the county and state stated above an
the day af , in the year
Signature of Notary Public
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. ! further understand that my contract with the employee leasing company limits
my warkers' compensation coverage to enrol(ed worksite employees only. My leasing
arrangement does not cover un-enrollsd wor4csite 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 cert�fy that I do nat hire any casual or uninsured labor
autside 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 praviding proof of workers'
compensation coverage prior to these workers entering any County jobsite.
! furkher agree to notify the Caunty if my employee leasing arrangement terminates
with the employee leasing company and I understand that I am required to fumish proof of
replacement workers' compensation coverage prior #o the termination of the employee
leasing arrangement.
I certify that I have workers' compensation caverage for all of my workers through the
employee leasing arrangement specified below:
Name of Employee Leasing Company:
Workers' Gompensatian Carrier:
A.M. Best Rating of Carrier:
Inception Date of Leasing Arrangement:
1 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 camer.
Name of Contractor:
Signature of Owner/Officer:
Title: Date:
Ac p' CERTIFICATE OF LIABILIfiIf INSURANCE °�'�"�'
ii� CEATIFICA7E LS ESSUEB AS A IAATTER OF �FOR8t11T10N Oftt1l A11� CONF£R3 MQ RIGHTS tRtMl Tl� CF�i1F�1lTE FiLILDER- T}95
�RT�A7E DOES NOT AFF7tMATi1t�Y OR l�GATNELY 11MEND. E1ClElq �t ALi�t T}� CUA�itA6E AFFORDED 8Y THE POLK�S
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AtR- IF the �rUUfloaie hadder s an �1 . tl�e pdx�esj awst he endarsed IF SU ROC�ATWI! IS WAPVHf. s�jeat �o
the 6era�s and wn�tions of the po6cy. xrt� po�cas euy re�e � endorse�xrnt A st�ment on this cer�fera� daes mt co�de► ri�ts to tl�e
aerti�sate holder � keu M weh endwseme�(s}
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stre� Address
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sl�ICATEO_ tp7WRH�"TlVNOWU ANY RE4�fENT. 7ERM OR COiNDiiION DF ANY CANTRJ�T OR DTF�R DOCIl1ENf V�FM RES¢ECT TO NM4Cl1 ThqS
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eE��e�.,,�t►�c..,o�:� �,��,�.���,�4..��
Orar� Cour�y Goreemment +s add�a�y insur�d ai the Gener� L� Poticy A waiver of subr�af�
appl�s � favor of Orar�e �nty �ernEStent. it's ager�ts. et�aEay�s, �d oifki�s on t#�e Y�tcers
�r�at�n Pol�Y-
���� - �-�z. � a �roa
13_ �range County BQard oi County Commissioners snau+.onr�raFn�aeoveo�c��:eec�st-w�
; TtE E�NiA11pt OATE T_f�lt� I9Rf�E W6.L � MI
Pracurement Divi�on �c�+v��+�rr+n���.�-
400 E_ South Street � �
C�rtando, Florida 32801 � ��
�t�f-2at�n��c3�oc�ni�A�N_ ANre�tsiesenied
AC+� 25 (20f0�6} � AC� nmre arW lopa a�e �fas�! ma�s af ACC�
ORANGE CQt11�1Tif CERTIEICATE � 1l1l�URAhICE REi11EW GIADE
L PRE?aUCER A�er�ts name and address must E�e shovm a(n�g with cositact riame phane, fax arEd emai� addre3s_
2_ lH[SURED: Leg� name and addr�s of t�e e�t'rty enterir�g �nto t�e aantract or agreesnent
3, INSURER� AFFORDIPI6 CUV�fiRGE & NAIC #: Name of the insuranoe campartiy that is i�su�ing th� line of
c�vverdge. Tt� I M1tSIJRER and app(ica�e letter w�� be used througMout the certifi[ate �o ind�cate the lines of cov�erage
plate�l witf� a�articuia* insurance cornpar�y= A 1�te�r r�st be shown in t�e #i�ltR L TR section for each mverage
line �sted an the certificate_
4. ADDt tNSR: Signifies whether cav�rdge iradudes add�tiana'.• insu��ed sta#us,ll�ry f�rnr agents u� this secticsn_
Add�tic��al insured status is usual�t discussed in the Desaiptian of Operations/LQCat�onsJ�leh��fes s�on.
S. St1BR 1NVQ: Signifies that a waive� of subrogation is in va�id fmr eacf� ��� af coverage as ir,dicated=
6. POLItY NU(4tBER: A pdary n�mber should 6e I�sted f� each �±r�e af covera�e for whh�th comme�cial insurance is
b�eing provide�i_
7. POLl�.Y EFFE�i1VE/�XRtRA T10N QAT�S: Effeciive and ea�piratinr� dates sha�d f�l within ft� time frame ef #he
€nceptio� ofthe contract a agreement_
8, LINI[TS= As r�ui€�d in ttae written agreement_ T� general a��te sf►a�d be at �ast �ce the ptr o�ccurrence
�mft for af I contin�ng serv�ce car�tracts_ tf the aggregabe 1im�t a�lies separate�y th�en the PR�UIECT box should 6e
mark�_
3, AlfT0�l�ilE LtA�CiTY: The �Y AUTt� l�on � preferabie howeve�; some or�tzate�ns do not awm vet�cles st�
t� otF�er �xes may be m�lced_
10. t�VORKERS` Ct�iAPERISATiON: Lonk clasefy tca see if any �ropri�tor pa€�e�, o� executive cal�cer is exdud�_ �f
so, �ease coc�tact Risk Mar�age�nent fo� w�ver approval_ TMe WC STATIT'C°{)RY L�II''S box �rrust be setectec�.
il.. OT'�tER= T�►ss sec�un s use� for other c�tage su�t as profess�rsraal !�i�y and emp�ayee d�n�r_ The
same �ts a�riy w�th regarfis ta palicy rximE�rs, efteckive arod e�i�on c9a�es arad limits:
�. QESCR[PT1UN OF OP�SATIQI�/LO�QTIa�[VEtF1C�ES: Tk�s se�an �ca�ly tan#a�s ar�y spec�� ar q�lify�g
tanguage such as additio�tal insured stat°�s or wai+rers of subrog�ior�_ (f add�iar�al space is needed an AZ�}RD 101
shouid 6e attac�, P'lease note tF�at these certificates are f� �form�on on�r ar� do r�ot cor�fer arry rights upon
the certif�ate hokier_ Th�s �s why v�e a�so aslc for t�ie speci�ic p��cy �ng�age or cndvrs�ment spec�sg that tl�
pcovisioras are in �lace.
13. �R�I�ICATE HUWER: Orange Courrty Saard of Cou�r Com�issior�rs sho�d be �sted as the cert�icate
ho�der_ 1n�v^dua[ ciepartrn�tr and dwisions shfou�d not be (fsted as the pr�mary certif'icate hofder_
14. AlT1�HORtZED REPRESEN'�AlIUE: Thas sect�on should t�ntair� �he signature uf tF�e �rson autFtorized to issue ttre
certifKate on behatf of the ensurar�ce company.
C+� Revieta Guide Revised O7/2014
EXHIBIT B
COMMERCIAL GENERAL LIABiLITY
CG 20 26 07 b4
THIS ENDORSEMENT CHANGES THE PQLICY. PLEASE READ fT CAREFULLY
ADDITIONAL INSURED — DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under the following;
COMMERCIAL GENERA� LIABILITY COVERAGE PART
SCHEDUL.E
Name C1f Additional insured Person{s} Or Organization(s)
The following are additional insured under the Professiona! liability section of this policy
a/read included under the GL b form #86579 .
YOUR MEDICAL DiRECTORS AND ADMINISTRATORS, INCWDWG PROFESSIONAL
PERSONS, BUT ONLY WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES FOR THE
NAMED WSURED AS MEDICAL DlRECTORS AND ADMINISTRATORS;
AN INDEPENDENT CONTRACTOR IS AN INSUREQ 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 SY THE NAMED
INSURED;
STUDENTS IN TRAINING WHILE PREFORMING DUTIES AS INSTRUCTED BY THE NAMED
INSUREQ;
ANY ENTITY YOU ARE REQUIRED IN A WRITTEN CON7RACT (HEREINAFTER CALLED
ADDITIONAL INSURED) TO NAME AS AN INSURED iS AN INSURED BUT ONLY WITH RESQECT
TO LIABILITY ARISING OUT OF YOUR PREMISES OR OPERATIONS:
{nformation required to complete this Sch�dule, if not shown above, will be shown in the Declarations.
Sectian ll — Who Is An Insured is amended to include as an additianal insured the
person(s) or organization{s) shown in the Schedule, but only with respect to liability for
"badily Injury", "property damage" or "personal and advertising injury" caused, in whole
or in part, by your acts or omissians or #he 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: C�MMERCIAL GENERAL LIABILfTY
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 LIABIUTY COVERAGE PART
SCHEDULE
Name �f Additional Insured Person(s} Or Organization(s)
�RANGE COUNTY BQARD OF COUNTY COMMISSIONERS
ATTN: PROCUREMENT DIVISION
4�0 E. SOUTH STREET, 2" F1.00R
ORLANDO, FL 32801
Information required ta complete this Schedule, if not shown above, wili 6e shown in the Declarations.
Section II — Who Is An Insured is amended to includa 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 ar omissions or the acts or omissians 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
2 Reprint Effective April 9, 1984 Advisory
1NAIVER 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 appiies only ta the extent that yau 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 BORRD OF COUNTY COMMISSIONERS
ATTN: PRaCUREMENT DIVISION
400 E. SOUTH STREET, 2" FLOOR
ORLANDO, FL 32801
�'• 983 Natlonal Council on Campensation Insurance, inc.
ONCGI Holdinqs, Inc.
EXHlBIT E
POLICY NUMBER: COMIIAERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT GAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAfNST OTHERS TO US
This endorsement madifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY C�VERAGE PART
SCHEDULE
Name of Person or Organization:
ORANGE GOUNTY BOARD OF C4UNTY COMMISSIONERS
ATTN: PROCUREMENT DIVISION
400 E. SOUTH STREET, 2" FLOOR
�RLANDO, 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 QF RIGHTS OF RECOVERY AGAINST QTHERS 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 agains# the person or organization shown
in the Schedule above because of payments we make far injury or damage arising out
of your ongaing operations or "your work" dane under a contract with that person or
organization and included in the `Products-completed aperatians hazard". This waiver
applies only to the person or organization shown in the Scf�edule above.
�s�.0
� j�j '�+ PITRCIiASING A1VD C411�'TRACTS llIVISION
____ l� JOIiI���' AI. RICIiAItDSON, Cl'I'O, CTC�I, M���er
�_-_ �QU I;. SouUt Strccx, znd Iloor . I2t��2y1o: Post OfGcc I�c�x 7 393 . Oclnnda, I•lorldn 32801-1393
_�— jr 347•83G-5(iSb . inx: 407•A3G-a899 . htt�r.Ih����r.acll.nct
I
GOYER►`11�A*T
P T. o K, � a TERM CONTRACT NO.Y15-1004
Liquid Caustic Soda 50°l0
TO: Brenntag Mid-South, Inc.
250 Centra) Florida Parkway
Orlando, FL 32824
This is to in#orm you that the �range County Board of Counfy Commissioners
hereby enters into a ferm contract subject to the #ollowing:
TERMS AND CONDITIONS
1. Acceptance;
This eontract is our acceptance of your affer in response to our
Invitation far Bids No. Y't5-1004tilS, Liquid Caustic Soda 50°� —
TERM CQNTRACT� and is subject fo all terms and conditions therein,
2. Term of Contract:
A. This is a term contract for the time pe�iad specified in the
referenced Inv'rta#ion for Bids, for the productslservices covered
by this cantract. The County is not obligatad to purchase any
minimum amount of products or services, unless otherwise
stipulated in the Invitation for Bids.
B. This contract is eff�ctive April 11, 2015, and shall remain in
effect through April 10, 2016. The estimated contract award for
this period is $589,4-46.00.
C. This contract may be rertewed upon mutual , agreement _ a&
provided in the Invitation for� Bids. Any amendments #o this
contract must be in writing and signed by both parties. Such
amendment(s) must be signed by the representative of the
Orange County Procurement Divisian to be valid, binding, and
enforceable.
D, This contract may be cancelled or terminated as provided for in
the Invitation for Bids.
Page 9 of 2
3. Ordering against Contract:
A. Unless otf�erwise specified in the Invitation far Bids, the County wiil
place orders by issuance of a numbered Oelivery Order against this
cantract. Each Delivery Order will specify the quantity, description
and location for delivery.
B. The obligations of �range Caunty under this cont�act are subject fo
need and availability of funds lawfully appropriated for i#s purpose
by the Board of County Commissioners.
4. 1'axes:
The County has the folfawing tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions
under Chapter 32, Internal Revenue Code;
B. Florida Sales and Use Tax Exemptian Certificate No_ 85-
8012622266C-0.
5. Invoicing:
A. Invaices must be submitted, in duplicate, referencing this contract
number and the Delivery Order to:
Orange County U#ilities Department
Water Divisian
8100 Presidents Drive, 2 Floar
Phone 407-836-6236
B. Invoices agains# this contract are authorized only at the prices
stated in your bid response, unless otherwise provided in th�
Invitation for Bids.
6. All requirements contained in any addenda to the solicitation for this
procurement are part of and hereby incotparated inta this contract.
BOARO OF COUNTY COM�fItSSIONERS
ORANGE COUNTY, FLORIDA
BY: �
J rr► . Schell Jr., C.P.M., CPPB, FCPA
Procurement Division
DATE: � " � 5 ' �15
Revised (11/16/12) Page 2 of 2
RELATIONSHIP DISCLOSURE FORM
FOR US� WITH PROCUREMEN7 ITEMS, EXC�PT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY PROPOSER
For procurement items that wifl come before the Board of County Commissioners for
final approvaf, this form shall be cornpleted by the Bidder and shali be submitted tn the
Procurement Divisian by the Bidder.
In the event any informalion provided on this form should change, the 8idder must file
an amended faRn on or before the date the item is conside�ed by the appropriate board
or bady.
Partl
[NFORMATION �N BIDDER:
l�egal Name af Bidder:
� • Sau�ln i nc
Business Address (StreeUp.O. Box, City and Zip Code):
�� �� t► � ��DfLt(�A t�A-'LL'��f��.!
o2ta-��� ��c,p,oA �ZS���
Bus'rness Phone: ( ) �S�l �Ct3t fl
Facsimi�: ( �{O )_ �5I � �1 Z
INFORMATION ON pIDDER'S AUTHORtZED AGENF, lF APPLIC LE:
(Agent Au�horization Form also required fo be attachedj
Name of Bidder's Authorized Agent:
Business Address (Stree1/P.O. Box, Ci d Zip Code):
Business Phane: )
Facsimile: ( )
Page 4
Fram: Tim Makln��/Mid-SouthlSrenntaa
To: Terriaut, MI[helle
Cc: Lanham. Kvte: Nea . Samuei
Su6jact: RE: Caustl� Soda Piggy-back
Date: Tuesday, September 29, 2015 4:54:10 PM
Hey Michelle,
Great news! I 1lteraily talked to the girl wha handles tha bids this marning and you were on my
list to email tonight.
We got the okay ta piggy-6ack off of flrange Caunty at $429jdry ton.
Hopefully, that will work for you guys. Please let rne know so we can get everything set up for
you.
Thank you,
Ti rn
�rom: Terriault, Michelle (mailta.mterriault@tequesta,orgj
Sent: Tuesday, September �9, �p15 3:17 PM
To: Tim MakinSterfMid-South/8renr�tag <TMakinster@�renntag.com>
Cc: �anham, Kyle <klanham@tequesta,org>; Heady, Samuel <sheady@tequesta.arg>
Subject: Caustic Soda PiggY-back
Hi Tim —
Do yau know af a piggy-back city contract we could jain far Caustic Soda 50%? We'd appreciate it if >
yau could find aut for us. Than{cs.
�� ���,,
��iZ�.�.Y-r.�. ��.�.�.P,�
�%iltage afTe4uesca
Water T'reatment Faci(ity
901 N, Oid Dixie Nwy.
Tequssta, Florida 33469
T�i_561-7n8-�490
�ax 561-427-02�4
�mai�: �terriault(a'�tet�uesta.ora
__ _ _ _
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Lx.�
AMENDMENT NUMBER 1
CONTRACT Y15-1004, L{QUID CAUSTIC S�DA 50°fo
Effective date: April 11, 2016
a. In accordance with Special Terms and Conditions 14. Contract
Term/Renewal, the term of the contract is here by renewed as failows:
From: April 11, 2015 through April 10, 20'I6
To: April 11, 2016 through April 10, 2017
b. All other terms and canditians, specificatians and prices remain
unchanged.
Brenntag Mid-South, Inc. Board of County Commissioners
Orange County, Florida
-- - �
- ' Sign
� E, sc�, ,�, c.pM. c�, Fc�a
{�� ��}� Senior Purchasing Agent
Print Name
�,j��lC.� �1Ct,�1 C �-
Title
� �-�,�' � �2t� (��
Date
Cx . �
PALM BEACH COUNTY
PURCHASE ORbER/TERM COhlTRACT STANDARD TERMS AND CONDITIONS
The following Terms and Conditions are applicable to this purchase ordedcontrad entered into by and between Palm Beach County
(referred to as County} and Vendor_
MODIF�CATIONS
No modiications of this order/contract, including but not timited to these terms and conditions, shall be 6inding upon Couniy unless
approved by an aulhorized representative of Gount�s Purchas+ng O�ce.
ASSIGMENTS
Assignments are prohibited unless prior written consent is given by the County and the Vendor.
EXGUSABIE DELAYS
Ths County may grant additianal time for any delay if the delay will not adversely impact ihe besf inierest of the Counry and is due to
causes beyond the control of the Vendor. Such grant musi be in writing and mede part of the order/contract.
DEFAULT
The County may, by written notice of default to the successfu! vendor, terminate ihe order/contract in whole or in pa�t if the successful
vendor fails to satistackorily pe�form any provisions af this solicitatian or resultani ordedcontract, or fails lo make progress so as to
endanger performance under ihe terms and co�ditions of this soliciiation or resultant orderlwntract, or pravides repealed non-
performance, or does not remedy such failure within a period of ten {10) days (or such penod as the Director of Purchasing may
authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates
this order/coniract in whole or in part because of default of the successful vendor, the County may procure goods andlar services
similar to those terminated, and ihe successfu{ vendor shall be liable for any excess costs incurred due to this action.
IF it is determined that the successful vendor was not in default or that the default was excusable (e.g., failure due to causes beyand the
control of, or without tne fault or negligence of, khe successful vendor), the rights and obligations of the parties shall be those provided
in the provision "Termination For Convenience°.
TERMINATION F�R GQNVENfENCE
The Gounty may, whenever the interesis of the County so require, terminafe the order/contract, in whole or in part, for the convenience
of the Cauniy upon five {5) days written noiice ia Vendor. Unless directed otherwise in the notice of termination, the Vendor shall incur
no further obligations in connection with the orderlcontract.
REMEDIES
No remedy herein conferred upon any party is intended to be exdusive of any other remedy, and each and every such remedy shalt be
cumu�ative and shall be in addition to every other remedy given hereunder now or hereafter exisfing at law, or in equity, by statute or
otherwise. No singfe or partial exercise by any party of any right, power, or remedy hereunder shall precluda any other or further
exercise thereof.
Nb THIRD PARTY BENEFICIARY
No provision af this Contraci is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any
person or entity not a party ta this Contract, including but noi limited to any citizen or employees of the County andlar successful
vendor,
FOB
The F.0.8. point sha11 be desiination. If ihe Caunty agrees, freighl charges may be prepaid hy the Vendor and listed on the invoice;
however, Vendor retains title and assumes all responsibifity, Iiability and risk in iransit, and shall be responsible for the filing of claims
for loss ar damages.
PAYMENT7ERMS
The Florida Prompt Payment Act is applicable to thfs soticitation. Interest penalties will oniy be paid in accordance with fhe Florida
Prompt Payment Act, Florida Slatute 218.70.
Note: Palm Beach County Vendors can now be paid by Credii Card via the Cau�ty's votuntarv Payment Manager Program.
For vendors who don't have a merchant accaunt, one is needed to utilize the Ptog�am. For vendors with a merchant account, you will
need ta enroll with the Palm Beach County Clerk � Comptrollers office. For infarmation, contact the Palm Beach County Cierk R
Comptroller af pbcpaymentmgr�a.mypalmbeachclerk.com or 561-355-3295.
Page 1 af 4
INVOICING
Vendor must render original invoice{s) to the Palm 6each County Finance Department, P.O. Box 4036, West Palm Beach, Flonda
33402-4Q36.
TAXES
The County is exempt from Federal and State taxes.
PURCHASE ORDER
The Gounly will npt accept any goods delivered or services performed unless a duly authorized purchase order has been issued far
said goods and/or services. The purchase order number must appear on ail invoices, packing slips and all conespondence concerning
the order.
QRDERICONTRACF
Vendor agrees that by submitting an offer {i.e, Request for Quotation} which is accepted by the County (i_e. Purchase Qrder, Term
Canfract Notice) a 6inding contract is formed in accordance with the County's ierms, conditions and specifications as set forih in the
solicitation and this purchase order. Vendor certifies that the offer has been made by an officer or employee having ihe authority to bind
the Vendor. Accardi�gly, payment will ohly be made to the company and the address as provided in the Vendo�s offer unless prior
written authorization is received from the Counfy.
PRICING
(1 } Unless specifically requested in the specifications, any response coniaining modifying or escalation clauses shall be rejected,
(2} The price offered must be in accordance with the unit of rneasure provided on the response page(sj. Qne (1) space or line
requires oniy one {1) single, fixed unii priCe. Anything other than a singte, fixed unit prtce shall result in the rejection of your
response.
{3} Vendor warrants by vir#ue of submitUng an offer that prices shall remain firm for a period of ninety (90) days from the date af
opening ta allow #or evaluation and award.
(4j Pnces shall remain firm for the initia{ and any subsequent term unless modified by a special condition.
(5) All unit prices offered should be within two (2} decimal points. ff vendor's pricing offered exceeds iwo (2} decimal points,
Purchasing reserves ihe right to �ound up or down accordingly.
DELIVERIES
Deiiveries are to be made Monday through �riday, excluding holidays, untess otherwise stipulatecl.
INS PECTIONlACCEPTANG E
All goods and/or services provided on this Purchase Order are suhject to inspection and acceptance upon receipt or completion by an
authorized representative of the County. Payment shal( not be authorized until the goods and/or services have been received,
accepted and properly invoioed.
QUANTITIES
t�uanttties specified in ihe order/conlract cannot be changed without County approval_ G�ds shipped in excess of quantity designated
may be returned at Vendor's expense.
DISCRIAAlNATION PROH161TEp
Pursuant to Palm Beach Gaunty Resolution R-2014-1421, as may be amended, all Vendars doing business with the County shal! treat
alk of its employees equapy during employment without regard ta race, color, refigion, disability, sex, age, national origin, ancestry,
merital status, famifial status, sexu8l orientation, gender identity and ezpression or genetic information. All Vendors sha11 comply with
the following and may use fhe "Non-Discrimination Policy° form t� shaw compGance. Vendor shall submit to County a copy of its non-
discrimination ppNcy, which shall be consistent wiih the foregping non-discriminetion policy; OR, in the event Vendor does not have a
written non-discrimination policy or one that conforms to the County's policy, the Vendor shalf sign and submit to County a stafement
a�rming that it will conform to the County's non-discrimination policy as set forth in the above-reierenced ResoluGon. The Ve�dor shall
satisfy the requirements set fa�th herein pnor ta execution of a contract with County and within a time frame specified by County
(normally wifhin two (2) working days of request). Failure to satisfy this requirement-shall render your quote non-responsive, it is the
responsibility of the Vendor to maintain a written or non-written non-discr�m��atian policy thaf conforms to the County's palicy as set
forth herein throughout the term of ihe contract. Failure to meet this requirement shaq be cansidered default of cantract.
LEGAL REQUIREMENTS
The Vendor must slricdy comply with all Federal, State, County and lopl laws, ordinances, rules and reguiatians that in any manner
affect the goods andtor services provided herein. The UCC shall prevaN as the basis for contractual obligations between the Vendor
and the County for any ierms and conditions not addressed. The Couniy shall not be liable to the Vendor for any legal fees, court
costs, or other legal expenses arising from ths inlerprelation or enforcement of this ordedcontract, or from any ofher matter generated
by ar relaiing to this order/contract.
Page 2 of 4
CRIMINAL HISTORY REGORD$ CHECK ORDINANCE
Pursuant to Patm Beach County Code Section 2-371 through 2-377, iha Palm Beach County Criminal Hisiory Records Check
Ordinance {"Ordinance"}, ihe County shall conduct fingerprini basad criminal history record checks on all persons nol employed by the
County who repair, deliver, or pravide goads or services for, to, or on behalf of the Caunty. A fingerprint based criminal history record
check shall be conducted on a11 employees and subcontractors of vendors, including repair persons and delivery persons, who are
unescorted when enienng a facility determined fa be critical to lhe public safety and security of fhe County. Counfy facil�ties that require
this heightened level of security are identified in Resolution R-2003-1274, as may 6e amended. The vendor is solely responsible for
understanding the financial, schedule, and staffing implicaiions of this Ordinance. Further, the vendor acknowledges that iis pncing
offered includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLEIF81
fees that shall be paid by the Couniy.
PUgLIC ENTITYCRIMES
In accordance with the Florida Pub(ic Entity Crime Statute 287.132.133, persons and affiliaies who are entering into a contract or
performing any work in furtherance with Palm Beach County certifies that it, its affiliates, suppliers, subconiractors and cansultants who
will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the thitty-six {36) months immediatety preceding the date hereof. This notice is required by Florida
Siatute 287.133 (3} (a}.
SBE PROGRAM
In accordance with the Small Business Enterprise Program a preference is given to certified small businesses.
LOCAL PREFERENGE
In accordance with ihe Local Preference Code, a preference may be given to (1) vendors or quoters having a permanent place of
business in Palm Beach COUniy or (Z} ve�dors or quotars having a permanent place of business in the Glades that are able fo provide
the gaods and/or services to be utililized within the Glades.
INDEMNIFICATION
To the extent authorized by law, Vendor shali indemniiy, save and hold harmless ihe County, iTs emplayees and agents against any
and al! claims, damages, liability and court awards including cosls, expenses and attorney fees incurred as a resuft of any act or
omission by the Vendor, ar its employees, agents, subcontraclors or assignees pursuant io #he terms and conditions of this
order/contract,
INSURANCE REQUIREMENTS
If vendor Is provlding a service under t�is arder/contract, then Vendor shall, at its sole expense, mainiain in ful) torce and effect at a11
times during the iife af this order/contract, insurance caverages and timits {including endorsements), as required by the Cour�ty. These
requirements shall not in any mannar limit or qualify the liabilities and obligations assumed by the vendor under this order/contract. All
caverages shall be provided on a prirnary basis with the Gaunty endorsed as an Addilional Insured with a CG 2026 additional Insured-
Designated Person or Organization Endorsement, or i(s equivalent, as foilows: "Palm Beach County Board of Cauntv Commissioners,
a Politica! Subdivision of lhe State vi Florida Rt's OfFicers Emvloyees and Apents " Vendor shall pr�vide the Couniy with a Gertificate
of Insurance evidencing such eoverages prior to ihe commencement of any services and within a time frame specified by the County
(normally wiihin 2 warking days of request}. F'ailure to maintain the required insurance shalt be considered a defautt of c�tract.
SAFETY DATA SHEETS (5DS1
Any toxic subsiance provided to the Caunty as a result of this soticitation or resultant orderlcontraci sha� be accompanied by its SDS
ENDORSEMENTS
No endorsements by the Gounly of the goods andtor services will be used by the Vendor in any way, manner or form.
YENUE AND GOVERNING LAW
Any and all legal actions arising from or �ecessary to enforce this orderlcontract wil! be held in Palm Beach County and shall be
interpreled according to #he laws of Florida.
PUBLIC R�CORQS
Any infarmation submitted relating ta this order/contract will become a pubfic documenf pursuant to Seclion 119.07, Florida Staiutes.
SALES PRONApTIONS / PRICE REDUCTlOfVS
Should sales promolions occur dunng the term of the order/contract that lower the price of the procured iiem, the successful vendor
shall sxtend to the County the iower price offered by the manufacturer on any such promotianal iiem. Further, any price decreases
effectuated during the order/contract period by reason of marke! change or otherwise, shall tae passed on fo the Coun#y- Additionaly,
anytime after award, the vendor may offer a reduced price which shall remain in effect for the duration of the orderlcontract_
Page 3 of 4
PERFORMANCE DURING EMERGENCY
By submitting an offer, vendor agrees and prpmises that, during and after a public emergency, disaster, hurricane, flood, or aCts oF God,
the County shall be given "first prioriiy' for ail goods and services under ihis order/contract. Vendar agrees to provide all goods and
services to the Caunty during and after the emergency at the terms, canditions, and prices as provided in this soliatation on a"Erst
priarity" basis. Vendar shall furnish a 24-hour phone num6er to the County in the eveni of such an emergency. Failure to provide ihe
stated priority during and after an emergency shalf constitute breach of contract and make the vendor subject to sanctions from doing
further business with #he County.
PALM BEACH CQUNTY OFFICE �F THE INSPECTQR GENERAL AUDIT REQIJIREMEA[TS
Pursuant to Palm Beach County Code, Section 2-421-2-440, as amended, Palm Beach County's Office of Inspector General is
authorized 10 review past, present and proposed County cortracts, transactions, accounis, and reeords. The lnspector Gene�aPs
authority includes, but is noi limited to, the power to audif, investigate, monitor, and inspect ihe activities of entities contracting with the
County, or anyona acting on their beha3f, in order to ensure compliance with contract rec{uirements and to detect cortuption and fraud.
BU5INESS INFORMATION
IF vendor is a Joint Venture for ihe goodslsetvices described herein, vendor shalE, upon request of Palm Beach County, provide a copy
of the Joint Venture Agreement signed by al! parties.
Effective fram Q9l25l15
Page +� of 4