Okaloosa County BOCC — April 5, 2016 — 2016 Solid Waste Procurement - FINAL — reading text

within five (5) business days after the date on which the notice of intent to challenge has been submitted. Failure to file a timely notice of intent to challenge or failure to file a timely formal written challenge shall constitute a waiver of challenge proceedings. Challengers who do not submit a legitimate proposal do not have standing to RFP Page - 22 OKALOOSA COUNTY Okaloosa County Solid Waste & Recyclables Collection, Transfer, and Processing/Disposal RFP# XXXXXX file a protest. Furthermore, challengers who would not be awarded the subject contract even if the protest were successful lack standing. The County Administrator shall, within ten (10) business days of receipt of the formal written challenge, cause the challenge to be reviewed and provide a written recommendation as to the challenge. If the protestor disagrees with the decision of the County Administrator, the protestor may appeal to the Board. The Board shall consider the challenge and make a written determination. All decisions of the Board shall be final. Nothing herein relinquishes the County’s right to waive irregularities and formalities in accordance with its procurement package and instructions. Further, nothing herein shall create any rights in the unsuccessful challenger. 13. Payments The respondent shall be paid upon submission of invoices and approval of acceptance by Okaloosa County Board of County Commissioners, Finance Office, 302 N. Wilson St., #203, Crestview FL 32536, for the prices stipulated in the Agreement. Invoices must show Contract #. 14. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 15. Public Entity Crime Information Pursuant to Florida Statute 287.133, a respondent 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 16. Conflict of Interest The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Note: For respondent’s convenience, this certification form is enclosed and is made a part of the proposal package. 17. Reorganization or Bankruptcy Proceedings Proposals will not be considered from respondents who are currently involved in official financial reorganization or bankruptcy proceedings. 18. Investigation of Respondent The County may make such investigations, as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest as it relates to the project. The respondent shall furnish to the County any additional information and financial data for this purpose as the County may request. RFP Page - 23 OKALOOSA COUNTY Okaloosa County Solid Waste & Recyclables Collection, Transfer, and Processing/Disposal RFP# XXXXXX 19. Authority to Piggyback All respondents submitting a response to this RFP agree that such response also constitutes a proposal to all governmental agencies under the same conditions, for the same contract price, and for the same effective period as this proposal, should the respondent feel it is in their best interest to do so. Each governmental agency desiring to accept these proposals and make an award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this proposal. This agreement in no way restricts or interferes with the right of any governmental agency to propose any or all items. 20. No Contact Clause The Okaloosa County Board of County Commissioners has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal proposals, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received by the respondent and terminates when the Board of County Commissioners approves an award. Note: For respondent’s convenience, this certification form is enclosed and is made a part of the proposal package. 21. Review of Procurement Documents Per Florida Statute 119.071(1)(b)2. sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 22. Protection of Resident Workers The Okaloosa County Board of County Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verifications. The respondent shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirements. Respondents doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security’s website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States. 23. Equal Employment Opportunity; Non-Discrimination Respondent shall not discriminate against any employee or an applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age, familial status or handicap. 24. Non-Collusion Respondent certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other respondents. See Florida Statute 838.22. RFP Page - 24 OKALOOSA COUNTY Okaloosa County Solid Waste & Recyclables Collection, Transfer, and Processing/Disposal RFP# XXXXXX 25. Unauthorized Aliens/Patriot’s Act The knowing employment by respondent or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. In the event that the respondent is notified or becomes aware of such default, the respondent shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Respondent’s failure to take such steps as are necessary to terminate the employment of any said alien within 24 hours of notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of the contract. Respondent shall take all commercially reasonable precautions to ensure that it and its subcontractors do not employ persons who are not authorized to work by the immigration laws. RFP Page - 25 OKALOOSA COUNTY Okaloosa County Solid Waste & Recyclables Collection, Transfer, and Processing/Disposal RFP# XXXXXX COMPANY DATA Respondent’s Company Name: Physical Address & Phone #: Contact Person (Typed-Printed): Phone #: Cell #: Email: Federal ID or SS #: Respondent’s License #: Fax #: Emergency #’s After Hours, Weekends & Holidays: Business has been in operation under its present name since: ______________________________ RFP Page - 26 OKALOOSA COUNTY Okaloosa County Solid Waste & Recyclables Collection, Transfer, and Processing/Disposal RFP# XXXXXX ADDENDUM ACKNOWLEDGEMENT Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of solicitation: ADDENDUM NO. DATE _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NOTE: Prior to submitting the response to this solicitation, it is the responsibility of the respondent to confirm if any addenda have been issued. If such addenda have been issued, acknowledge receipt by noting number(s) and date(s) above. RFP Page - 27 OKALOOSA COUNTY Okaloosa County Solid Waste & Recyclables Collection, Transfer, and Processing/Disposal RFP# XXXXXX DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED RESPONDENT CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against