REQUEST FOR QUOTATION TERMS AND CONDITIONS
Contract: An agreement between all parties to perform the services described in this RFQ.
Contractor or Vendor: The company or individual responding to the RFQ, or to which award is made.
County: Unless otherwise stated, refers to Lake County, Florida.
Modification: Any written change to a contract agreed to by the vendor and the County.
Request for Quotation (RFQ): An informal solicitation used to secure competitive pricing.
Responsible: Refers to a vendor considered capable of successfully performing the required work.
Responsive: Refers to a vendor which has taken no substantial exception to any part of the RFQ.
The words "shall", "must", or "will" are equivalent and indicate a mandatory requirement or condition, generally not waived by the County. The words "should" or "may" are considered equivalent and indicate desirable conditions, or requirements that are permissive in nature
1.2 INSTRUCTIONS TO VENDORS
A. Vendor Qualification
The County supports full and open competition among all available qualified vendors. All vendors that perform the work specified in the RFQ are encouraged to submit quotations. Vendors are encouraged to register with the County to receive notices of goods and services to be purchased by the County. Award may require vendors to comply with certain administrative requirements upon request.
B. Public Entity Crimes
Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
C. Request for Additional Information
Any inquiries regarding this RFQ are to be made in writing to the County representative identified on this RFQ. Vendors are urged to address all such issues as far ahead of the due date as possible.
D. Payment Terms
Payment for purchases by the County will be made pursuant to Florida Prompt Payment Act. Vendors are encouraged to offer discounts for payments processed quicker than what is required by the Act.
1.3 PREPARATION OF QUOTATION RESPONSES
Complete the pricing entries included in the RFQ, and return the entire RFQ document to the person, at the place, and in the time frame stated in the RFQ. Please double check your pricing for accuracy. All responses must be legible. An authorized agent of the vendor must sign the response. If there is a discrepancy between unit prices and extended prices, the unit prices will be used for evaluation.
1.4 CANCELLATION OF SOLICITATION
The County may cancel any part or all of this RFQ when such action serves the County's best interests
Unless an alternate action clearly serves the best interests of the County, award will be made to the lowest priced responsive and responsible vendor. The County reserves the right to reject any and all responses, to waive minor irregularities or technicalities, and to re-advertise for all or any part of this solicitation as deemed in its best interest. When there are multiple line items in the RFQ, the County reserves the right to award on an individual item basis, on any combination of items, or on total low price. The County reserves the right to negotiate prices with the lowest priced vendor, provided that the scope of work is not amended. Award of this solicitation will only be made to firms that satisfy all necessary legal requirements to do business with the County. The County may conduct a pre-award inspection of the vendor's site to determine the capability of the vendor to perform the required work. A vendor's performance under previous County contracts shall be taken into account in evaluating vendor responsibility. Any ties will be resolved per the County's established procedure.
All warranties express and implied, shall be made available to the County for goods and services covered by this solicitation. At no expense to the County, the vendor shall correct any and all apparent and latent defects that may occur within the expressed or implied standard warranty period.
1.7 ESTIMATED QUANTITIES
"estimated" within the RFQ is for general information and evaluation only. The County makes no guarantee as to actual quantities to be ordered. The County will not be liable for payments beyond the amount due for quantities of goods or services actually ordered.
The County reserves the right to contract for any work and services exact or similar to those described in the RFQ from any alternate source and in any appropriate manner that serves its best interests.
1.9 RULES, REGULATIONS AND LICENSES
The vendor must fully comply with all laws and regulations applicable to provision of the goods and/or services described in this RFQ.
The vendor shall not assign or transfer any of its assigned responsibilities resulting from this RFQ without the written consent of the County.
Unless otherwise specified in the solicitation, prices quoted shall be F.O.B. Destination.
1.12 RESPONSIBILITY AS EMPLOYER
The employee(s) of the vendor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the County or any of its departments.
Any evident prior understanding, agreement, or connection between two (2) or more vendors responding to this RFQ may be presumed to be collusive. Responses found to be collusive shall be rejected. Any vendor engaged in collusion may be suspended, debarred, or terminated for default.
1.14 FRAUD AND MISREPRESENTATION
Any vendor that attempts to meet its obligations with the County through fraud or misrepresentation may be debarred for up to five (5) years. The County as further sanction may terminate or cancel any other contracts with such vendor with that vendor being responsible in full for all direct or indirect costs associated with termination or cancellation, including attorney's fees.
1.15 ACCESS TO RECORDS
The County reserves the right to require the vendor to submit to an audit by any auditor of the County's choosing. The Contractor shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The vendor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards.
1.16 PROPRIETARY/CONFIDENTIAL INFORMATION
Vendors are hereby notified that all information submitted as part of response to this RFQ will be available for public inspection in compliance with Chapter 119 of the Florida Statutes; the "Public Record Law." The vendor should not submit any information in response to this RFQ that the vendor considers to be a trade secret, proprietary or confidential. By responding to this RFQ, the vendor will deemed to waive of any protection which would otherwise be available under the Public Records Act.
1.17 CONTRACTING WITH COUNTY EMPLOYEES
Any County employee or member of his or her immediate family seeking to contract with the County shall seek a conflict of interest opinion prior to submitting a response to any contractual document.
1.18 INCURRED EXPENSES
The County is not responsible for any expense incurred by any vendor in association with the preparation and/or submittal of a response to this RFQ prior to the execution of a purchase order.
1.19 COUNTY IS TAX-EXEMPT
The County itself is generally exempt from Federal Excise Taxes and all Florida sales and use taxes. Do not include any separate tax to the County on any good or service provided directly to the County. The County will provide an exemption certificate upon request. Note: Vendors are not exempt from paying sales tax to suppliers on materials incorporated into projects or goods delivered to the County.
1.20 GOVERNING LAWS
All contractual action resulting from this RFQ shall be governed by the laws and regulations of the State of Florida, and Lake County, Florida. Venue of any court action shall be in Lake County, Florida. If a suit is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit.
1.21 STATE REGISTRATION REQUIREMENTS
Any vendor submitting a response to this RFQ shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. A copy of the registration may be required prior to award.
1.22 PRIME CONTRACTOR
The vendor awarded the contract shall act as the prime contractor for all required items and services. All subcontractors may be subject to advance review by the County in regards to competency and security concerns. The vendor shall be responsible for all insurance, permits, licenses, and related matters for any and all sub-contractors.
1.23 NO CLAIM FOR DAMAGES
No claim for damages or any claim other than for an extension of time shall be asserted against the County because of any delays. No interruption, interference, inefficiency, suspension, or delay in the commencement or progress of the Work shall relieve the vendor of duty to perform, or give rise to any right to damages or additional compensation from the County.
1.24 GRANT FUNDING
In the event any part of the contract is to be funded by federal, state, or other local agency monies, the vendor hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. Vendors are advised that payments under the contract may be withheld pending completion and submission of all required forms and documents required of the vendor pursuant to the grant funding requirements. A copy of the requirements shall be supplied to the vendor by the County upon request.
1.25 RISK OF LOSS
The vendor assumes the risk of loss of damage to the County's property during possession of such property by the vendor, and until delivery to, and acceptance of, that property to the County. The vendor shall immediately repair, replace or make good on the loss or damage without cost to the County, whether the loss or damage results from acts or omissions (negligent or not) of the vendor or a third party.
The vendor shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this contract. The vendor shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon.
The County reserves the right to terminate any contract resulting from this action for either convenience as may represent the best interests of the County, or for default in the event of a lack of successful performance by the awarded vendor. Any such action shall be processed in accordance with all current relevant procedures stated in the County's procurement manual.