NOTE: Any and all Special Terms and Conditions and specifications referenced within the solicitation which vary from these General Terms and Conditions shall have precedence. Submission of the Solicitation, Offer, and Bid/Proposal Form(s) in accordance with these General Terms and Conditions and Special Terms and Conditions constitutes an offer from the offeror. If any or all parts of the offer are accepted by Escambia County, Florida, an authorized representative of the County shall affix their signature hereto and this shall then constitute a written agreement between parties. The conditions incorporated herein become a part of the written agreement between the parties.
Solicitation Information: Prospective Offerors are encouraged to utilize the Office of Purchasing Home Page for obtaining Vendor Information, Applications, and Solicitation Information including Bid/Proposal Tabulations and Recommended Award, etc. The Internet URL is https://myescambia.com
5.1. Taxes: Escambia County does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on the face of the purchase order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvement of County-owned real property.
5.2. Discounts: Discounts for prompt payments shall not be considered in determining the lowest new cost for solicitation evaluation purposes, except in cases of tie solicitations.
5.3. Mistakes: Vendors are expected to examine the specifications, delivery schedule, solicitation prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the vendor’s risk. In case of mistake in extension, the unit price will govern.
5.4. Condition and Packaging: It is understood and agreed that any item offered or shipped as a result of this solicitation shall be a new, current standard production model available at the time of the solicitation. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
5.5. Safety Standards: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act, and any standards thereunder.
5.6. Invoicing and Payment: The Contractor shall be paid upon submission of properly certified invoices to the purchaser at the prices stipulated on the contract at the time the order is placed, after delivery and acceptance of goods, less deductions if any, as provided. Invoices shall contain the contract number, purchase order number, and the contractor’s Federal Employer Identification Number. An original and one (1) copy of the invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoices for payment.
INTEREST PENALTIES: Payment shall be made in accordance with Chapter 218.74, F.S. Florida Prompt Payment Act.
5.7. Annual Appropriations: Escambia County’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners.
MEASUREMENTS: Customary measurements appearing in these specifications are not intended to preclude solicitations for commodities with metric measurements. If solicitations are based on equivalent products, indicate on the solicitation form the manufacturer’s name and number. Vendor shall submit with their solicitation cuts, sketches, and descriptive literature, and/or complete specifications. Reference to literature submitted with a previous solicitation will not satisfy this provision. Escambia County reserves the right to determine acceptance of item(s) as an approved equivalent. Solicitations which do not comply with these requirements are subject to rejection. Solicitations lacking any written indication of intent to provide an alternate brand will be received and considered in complete compliance with the specifications as listed on the solicitation form. The Office of Purchasing is to be notified of any proposed changes in (a) materials used, (b) manufacturing process, or (c) construction. However, changes shall not be binding upon the County unless evidenced by a Change Order issued and signed by the Purchasing Manager.
9.1. County Procedure on Acceptance of Gifts
Chapter 112.313 off the Florida Statutes states:
“No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public office, employee, local government attorney, or candidate would be influenced thereby.”
During the holiday season, employees and departments need to use common sense and also not offend the gift-giver by appearing ungrateful or ungracious. The general rule would be as follows:
If the gift is a consumable item under $100.00, is meant for the group or department and the group or department believes that the gift will not influence their dealings with the giver, then it would be proper to accept the gift. The group or department should thank the giver for their generosity in writing.
Gifts given to individual employees should be discouraged and returned to the giver with a thank-you note, especially if it is a monetary gift or certificate. Under no circumstances should an employee accept a monetary gift, including a gift certificate.
9.2 Contractors are required to disclose to the Purchasing Manager, or their designee, any gifts or favors offered or requested, or other such questionable behavior by employees as promptly as it shall come to their knowledge.
9.3 The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the Purchasing Manager or their designee determines that the Contractor, its agent, or another representative:
9.3.1 Offered or gave a gratuity (e.g. an entertainment or gift) to an officer, official, or employee of the County, and
9.3.2 Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
If the resultant contract is terminated under this clause, the County is entitled to pursue the same remedies as in a breach of the contract.
The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
11.1 Vendor’s name being removed from the Office of Purchasing vendor mailing list.
11.2 The County not doing business with the vendor until such time as the County has been reimbursed for all re-procurement costs.
12.1 Record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading.
12.2 Report damage (visible and concealed) to the carrier and contract supplier, confirming such reports, in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.
12.3 Retain the item and its shipping container, including inner packing material, until inspection is performed by the carrier and disposition given by the contract supplier.
12.4 Provide the contract supplier with a copy of the carrier’s Bill of Lading and damage inspection report.
Further, if such a claim is made or is pending, the contractor may, at its options and expenses, procure for the purchaser the right to continue use of, replace, or modify the article to render it non-infringing. If none of the alternatives are reasonable available, the County agrees to return the article, on request, to the contractor, and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. If the offeror uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the offered prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
32.01 Vendor’s name being removed from the Office of Purchasing vendor mailing list.
32.02 The County not doing business with the Vendor prior to reinstatement to the Office of Purchasing vendor mailing list in accordance with the County’s Purchasing Ordinance.
This section shall not apply to projects for which federal aid funds are available. This section may be waived by the Board of County Commissioners. All solicitations shall require any offeror whose place of business is outside the State of Florida to accompany any written bid/proposal form with a written opinion of any attorney at law, licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its business entities whose places of business are in that foreign state in the letting of any or all public contracts. The failure of any such offeror to accompany its bid/proposal forms with such a written opinion may result in the rejection of the offer submitted by such offeror.
The names and address(es) of the proposed subcontractors to be utilized in the project are to be listed on the contractor’s bid/proposal form.
Contractors who are suspended or debarred are restricted from subcontracting.
Factors to be considered in determining whether the standard of responsibility has been met shall include but not be limited to:
36.01 Vendor shall have available appropriate financial, material, equipment, facility, and personnel resources, experience, knowledge and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirement(s);
36.02 Vendor shall have a satisfactory record of performance;
36.03 Vendor shall have a satisfactory record of integrity;
36.04 Vendor shall have qualified legally to contract with the County; and
36.05 Vendor shall have supplied all necessary information in connection with the inquiry concerning responsibility, including but not limited to, and licenses, permits, insurance, or organization papers required.
The prospective contractor/vendor shall supply information requested by the County concerning the responsibility of such contractor/vendor. If such contractor/vendor fails to supply the requested information, the County shall base the determination of responsibility upon any available information or may find the prospective contractor/vendor nonresponsible if such information is not submitted within the time specified by the County.
Award(s) resulting from the solicitation shall be subject to the provisions of Procedure PP250, Vendor Performance Evaluations of the Purchasing Policies and Procedures of Escambia County.
In the event a dispute occurs between a vendor and the County concerning payment of an original invoice, such disagreement shall be finally determined by the County as provided in Chapter 218.76, F.S. The County will commence its dispute resolution no later than forty-five (45) days after the date on which the proper original invoice was received by the County, and shall be concluded by the final decision of the County not later than sixty (60) days after the date on which the proper original invoice was received by the County. The dispute resolution shall not be subject to an administrative proceeding, pursuant to Chapter 120, F.S. and shall not constitute an administrative proceeding which prohibits a court from deciding any action arising out of the dispute. If the dispute is resolved in favor of the County, then interest charges shall begin to accrue fifteen (15) days after the County’s final decision. If the dispute is resolved in favor of the vendor, then interest shall begin to accrue as of the original date the payment became due.
By submitting an offer, the offeror certifies that it is not currently suspended or debarred from submitting offers for contracts issued by any political subdivision or agency of the State of Florida or the Federal Government, and that it is not an agent of a person or entity that is currently suspended or debarred from submitting offers for contracts issued by any political subdivision or agency of the State of Florida or the Federal Government.
The offeror shall have, prior to making this offer, met the license, certification, and any other requirements of the state, county, city, and/or other agency of authority with jurisdiction in such matters, and should provide copies of documentation which evidence such qualifications with the offeror’s response to the solicitation; and, that the offeror shall provide follow-up evidence that the contractor maintains such credentials throughout the period of the agreement.
A copy of a current Certificate of Authority from the Department of State authorizing the offeror to do business in the State of Florida or other evidence of legal authority to do business in the state, county, city, and/or any other agency of authority should be provided with the response to this solicitation; however, the County may allow this responsiveness issue to be cured after submission of the offer within a reasonable period of time and prior to any recommendation for award. Information concerning certification with the Department of State can be obtained at https://dos.myflorida.com/sunbiz/search/.
Failure to provide evidence of current licensure, certification, or other evidence of legal authority to do business in the matters of the solicitation may render the offeror’s offer non-responsive.
47.01 Subsequent to the date of award by the Board of County Commissioners, at which time the principal and County have reached a mutual agreement, and within ten (10) days after the prescribed forms of contract documents are presented for signature, the successful offeror shall execute and deliver to the owner a contract on the forms described within the offer documents in such number of counterparts as the owner may require.
47.02 Having satisfied all conditions of award as set forth elsewhere in these documents, the successful offeror shall within the period specified above, furnish bond(s) in a sum of at least the full amount of the contract as awarded, on the forms provided by the County, which secures the faithful performance of the contract, and for the payment of all persons, firms, or corporations to whom the contractor may become indebted for all labor, materials, tools, equipment or services, of any nature, employed or used by the firm in performing work. Such bond(s) shall bear the same date as, or a date subsequent to, the date of the contract. The date of the contract shall be the date of award by the Board of County Commissioners, at which time the principal and County have reached a mutual agreement for projects thereto.
47.03 On each bond, the rate of premium shall be stated together with the total amount of the premium charged. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond.
47.04 Separate performance and payment bonds equal to one hundred percent (100%) of the contract amount shall be furnished at the time of signing the formal agreement.
Performance and payment bonds shall be reviewed by the Office of Purchasing to assure compliance, then recorded in the Clerk of the Circuit Court Recording Office, 223 Palafox Place, First Floor, Pensacola, Florida, by and at the expense of the contractor. The cost of recording is Ten Dollars ($10.00) for the first page and Eight Dollars and Fifty Cents ($8.50) for each additional page.
The Clerk of the Circuit Court Recording Office will provide an official receipt of the transaction to the contractor, and the contractor shall request that after all recording procedures done that the completed original bond documents be sent to the Office of Purchasing.
The contractor shall present an original copy of the official recording receipt to the Office of Purchasing as evidence of having posted the required bond(s).
47.05 The failure of the successful offeror to execute such contract and to supply the required bonds within such extended period as the County may grant based upon reasons determined adequate by the County, shall constitute a default, and the County may either award the contract to the next responsible offeror or readvertise for offers, and may charge against the offeror the difference between the amount of the offer and the amount for which a contract for work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid surety.
The purchase order does not supersede any provisions of the standard form of agreement. Performance time and dates are determined solely by the contract and any modifications.
Services/supplies are not to begin until receipt of the purchase order or other notification by the Office of Purchasing.
Construction services are not to begin until receipt of the Notice to Proceed from the Contract Administrator.
The mission of Escambia County government is to provide efficient, responsive services that enhance our quality of life, meet common needs and promote a safe and healthy community.
Under Florida law, IP addresses and both the content of emails and email addresses are public records. If you do not want your IP address and the content of your email or your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in person.