26-35-40 Informal Quote-HVAC Replacement 1st Floor Admin Building-Deadline Due 4-29-26

INFORMAL QUOTE SUBMISSION FORM
Fort Pierce Utilities Authority (FPUA) is seeking informal quotes from qualified, licensed, and insured vendors for the goods and/or services outlined
below. Vendors who wish to submit a quote for this project are requested to complete and return this form by the specified response deadline.
Project Details
Informal Quote (RFIQ) No. 26-35-040
Project Title HVAC Replacement 1st Floor Administration Building
Submission Deadline Due April 29, 2026 @ 1:00 PM EST
FPUA Department Facilities
FPUA Contact Name(Project
Sharon Wolkowicz Phone Number 772-466-1600 x 3430
Manager)
FPUA Contact email facilities@fpua.com
Date Informal Quote Issued April 13, 2026
SCOPE OF SERVICE
* Replace existing HVAC system - Unit #6.
* Provide and install one 10-ton Daikin split HVAC system.
FPUA has standardized on Daiken HVAC systems due to copper coil on the condenser and warranty.
o
* Set and secure outdoor condensing unit on a level pad or existing structural base.
* Install indoor air handler in designated location with proper clearances and support.
* Install and connect refrigerant lines, Insulated, and secured.
* Install new filter drier and complete all necessary brazing with nitrogen purge.
* Pressure test system and perform deep vacuum to remove moisture and non-condensables.
* Charge system with refrigerant to manufacturer specifications.
* Connect to existing ductwork system and seal all connections to ensure proper airflow.
* Connect to existing electrical.
* Perform system startup to verify proper operation in cooling mode.
* Verify thermostat operation and system controls.
* Contractor shall maintain clean and safe area and comply with all applicable OSHA and FPUA safety
requirements.
* Contractor shall dispose of old HVAC, installation debris and any condenser coated material, legally off-site.
* perform final inspection.
* Includes permitting and re-permitting.
* Project expected to be complete by June 30, 2026.
Warranty:
* 1-year Labor Warranty
* Manufacturer Parts Warranty (per Daikin standard; extended warranty available upon registration)
Exclusions (FPUA Duties):
* If electrical upgrades and/or panel modifications; ductwork modifications and/or replacements;
and/or structural modifications and/or penetrations are needed it will be the responsibility of FPUA.
Work Hours:
* Work shall be performed Monday through Friday, 7:30 AM - 3:00 PM. After-hours work requires pre-approval
by Facilities department.
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PO Contract Term
The PO Contract shall commence upon Purchase Order execution and end upon completion and written acceptance by
FPUA. This agreement will remain in effect in the event of a natural disaster, pandemic, or other emergency event(s).
Insurance Requirements - Type III, see Attachment A
Terms & Conditions - See Attachment T
Required Documents
* Informal Quote Vendor Submission Form
* Current "proof" Certificate of Insurance (COI) - see Attachment A for example requirement request
* IRS Form W-9 - Attachment D
* License(s) and or Certificate(s) - Provide a copy of all required State, county and local licenses shall be current,
as applicable.
* Section 287-13 (4)(a), Section 787.06 (13)Florida Statutes and Non-Collusion Affidavit - must be signed and
notarized - Attachment N
Quote
Please ensure that all pricing fields are completed accurately and in full. Failure to complete all pricing fields or the
submission of incomplete, conditional, or ambiguous pricing may result in disqualification from consideration.
By submitting pricing herein, the Offeror certifies that the prices quoted represent the total, all-inclusive cost to
furnish and deliver the specified goods and/or services to the FPUA at the locations identified, in full compliance
with the specifications and scope of work. All costs associated with performance including but not limited to labor,
supervision, travel/mileage, mobilization, emergency or after hours response, overtime, equipment, materials,
supplies personal protective equipment, disinfectants, permits insurance, administrative charges, biomedical waste
handling, transportation, disposal, fuel surcharges, and any other incidental or any cost not expressly listed with a
unit price in the pricing schedule shall be deemed included at no additional charge.
The offeror further certifies that no additional fees, surcharges, or costs shall be invoiced beyond those expressly
stated in the submitted pricing, unless approved in writing in advance by the Fort Pierce Utilities Authority:
Rate Description Total Cost
Admin - 1st Floor Billing Department HVAC 10-Ton Daikin
Split System $
Number of Days to competition including labor, materials Days
and travel time:
Permit(S) If applicable PASS THRU
EXTENDED WARRANTY Additional One-Time Cost
Extended Warranty, if offered (please provide sample of
what this extended warranty will cover)
Special Terms/Notes
Please list any special conditions that may affect your quote, such as material lead times, scheduling limitations, or required coordination with
other contractors. If none, write "None" or "N/A".
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
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Exclusions
Please identify any items, services, or responsibilities that are not included in your quote but may reasonably be assumed to be part of the
scope. If none, write "None" or "N/A".
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Additional Notes
This field is for any other relevant information you feel is important to share but does not fit in with the categories above. Such as
supplemental documents e.g. specifications, company brochures, clarifying details. May be attached as a separate document.
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Check box [ ] By submitting a quote, your company agrees to comply with FPUA's Standard Terms and Conditions
and Insurance requirements, which will be finalized at the time of award.
Legal Business Name ___________________________________________________________________
Address (as shown on www.Sunbiz.org)
City, State, Zip Code ____________________________________________________________________
Contact Name _________________________________________________________________________
Email Address
Telephone # __________________________________________________________________________
Signature ________________________________________________Date
(Required)
Submission Instructions
If you have any question(s) about this RFIQ, please see contact name and email below.
Submit the completed quote submission form and all required documents by the response deadline listed on this document outlined
below, via email to:
FPUA Contact Name (Project Manager) Sharon Wolkowicz
FPUA Contact email Facilities@fpua.com
Thank you for your time and consideration. We look forward to your response!
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ATTACHMENT A
REQUIRED LIMITS OF INSURANCE
TYPE III
Contractor shall, at its own expense, procure and maintain throughout the term of this Agreement, with
insurers acceptable to the Fort Pierce Utilities Authority (FPUA), the types and amounts of insurance
conforming to the minimum requirements set forth herein.
Workers' Compensation/Employers' Liability - Such insurance shall be no more restrictive than that
provided by the Florida Workers Compensation Act. In addition to coverage for the Florida Workers'
Compensation Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act
and any other applicable Federal or State law. The Workers' Compensation policy must be endorsed to
waive the insurer's right to subrogate against FPUA (and if required the project engineer) and its members,
officials, officers and employees.
The minimum limits (inclusive of any amount provided by an umbrella or excess policy) shall be:
Part One: "Statutory"
Part Two: $ 500,000 (Each Accident)
$ 500,000 (Disease-Each Employee)
$1,000,000 (Disease-Policy Limit)
Commercial General Liability - The limits are to be applicable only to work performed under the Contract
and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance
(Designated Project or Premises) endorsement (ISO Form CG 25 03) to a Commercial General Liability
policy. FPUA (and if required the project engineer) and its board members, officials, officers and
employees shall be included as "Additional Insureds" on a form no more restrictive than ISO Form CG 20
10 (Additional Insured - Owners, Lessees, or Contractors).
The minimum limits (inclusive of any amount provided by an umbrella or excess policy) shall be:
Each Occurrence $1,000,000
Personal and Advertising Injury $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Contractor shall continue to maintain products/completed operations coverage in the amounts stated
above for a period of three (3) years after the final completion of the Work. The insurance shall be on a
form no more restrictive than, and shall cover those sources of liability which would be covered by
Coverage A of, the latest occurrence form edition of the Commercial General Liability Coverage Form (ISO
Form CG 00 01), or of the occurrence Products/Completed Operations Liability Coverage Form (ISO Form
CG 00 37), as filed for use in the State of Florida by ISO, without restrictive endorsements other than
mandatory endorsements under an ISO filing.
Automobile Liability - Such insurance shall cover all owned, non-owned, and hired autos used in
connection with the performance of the work, and shall not be subject to any aggregate limit.
The minimum limits (inclusive of any amount provided by an umbrella or excess policy) shall be:
Each Occurrence Bodily Injury and
Property Damage Liability Combined $500,000
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ATTACHMENT A
Miscellaneous Provisions - The insurance provided by Contractor shall apply on a primary and non-
contributory basis to any insurance or self-insurance maintained by FPUA. Any insurance, or self-
insurance, maintained by FPUA shall be excess of the insurance provided by Contractor.
The insurance maintained by Contractor shall apply on a first dollar basis without application of a
deductible or self-insured retention. Under limited circumstances, FPUA may permit the application of a
deductible or permit Contractor to self-insure, in whole or in part, one or more of the insurance coverages
required by this Agreement. In such instances, Contractor shall pay on behalf of FPUA or FPUA's board
members, officials, officers and employees any deductible or self-insured retention applicable to a claim.
Compliance with these insurance requirements shall not limit the liability of Contractor or the remedies
available to FPUA under this Agreement or otherwise. If Contractor obtains insurance with higher limits
than the requirements herein, those higher limits shall apply.
Evidence of Insurance - Contractor shall not commence work until the required insurance is in force and
evidence of insurance acceptable to FPUA has been provided and approved by FPUA. An appropriate
Certificate of Insurance (identifying the project) signed by an authorized representative of the
insurer(s), with copies of the actual additional insured endorsement and notice of cancellation
endorsement as issued on the policies, shall be satisfactory evidence of insurance. With respect to
Property Insurance, Contractor shall provide a Certificate of Property Insurance form or other evidence
satisfactory to FPUA.
Until such insurance is no longer required by this Agreement, Contractor shall provide FPUA with renewal
or replacement evidence of insurance at least thirty (30) days prior to the expiration or termination of
such insurance. Contractor shall, within thirty (30) days of a written request from FPUA, provide FPUA
with a certified copy of the policy or policies providing the coverage required herein. Contractor or its
agent may redact or omit provisions of the policy that are not relevant to the insurance required herein.
Policies shall be endorsed to provide FPUA with 30 days' notice of cancellation.
Certificates of Insurance must be completed as follows:
Additional Insured:
FPUA (and if required the project engineer) and its board members, officials, officers and employees
Certificate Holder
Fort Pierce Utilities Authority
Attn: Risk Management
PO Box 3191
Fort Pierce FL 34948-3191
Certificates may be emailed to: risk@fpua.com
(Rev. 02/2019)
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ATTACHMENT T
FORT PIERCE UTILITIES AUTHORITY
TERMS AND CONDITIONS
Table of Contents
DEFINITIONS
PURPOSE AND SCOPE
NOTIFICATION OF AWARD
PURCHASE AND DELIVERY OF GOODS
PAYMENT METHODS, INVOICING AND CHARGES
TERMINATION
MISCELLANEOUS
AFFIDAVITS AND FLORIDA LAW REQUIREMENTS
LOCAL VENDOR PREFERENCE (Special Terms & Conditions)
By accepting an Order or submitting a quote to the FPUA, the Seller acknowledges and agrees to comply with all Terms and Conditions contained herein, which may
be amended from time to time. Buyer and Seller may be referred to herein as a "party" or collectively as the "parties."
DEFINITIONS
Agreement - Collectively, the Order and these Terms and Conditions
Buyer - Fort Pierce Utilities Authority ("FPUA")
Order - Purchase or Visa Order
RFIQ - Request for Informal Quote
Seller - Party listed on the Order or RFIQ (also includes a Bidder or Vendor)
PURPOSE AND SCOPE
The intent and purpose for the application of these Terms and Conditions is primarily for the purchase of goods. Separate contracts may be required for services
and maintenance agreements which also require compliance with Florida Law as described herein.
NOTIFICATION OF AWARD
Only the awarded vendor will be notified of acceptance of an offer by the FPUA.
PURCHASE AND DELIVERY OF GOODS
DELIVERY OF GOODS. Time is of the essence for the Order and this Agreement. Seller is hereby advised that Buyer may become liable to others if Seller fails to
deliver goods and services of the quality and quantity specified herein, at the times specified herein. In addition to its other remedies for Seller's failure to make
sufficient progress in the work to endanger timely delivery, Buyer may require Seller to ship the goods by any means of transportation Buyer specifies and any
additional costs for such transportation services shall be paid by Seller. In addition to its other remedies for Seller's failure to deliver on time, Buyer may refuse to
accept and pay for any late delivery of any goods or services. Seller shall bear the risk of loss or damage for all goods until actual receipt and acceptance thereof by
Buyer. Goods shall be delivered free of all liens of third parties. Unless otherwise specified on the face of the Order, all deliveries are for "inside delivery." The
Seller shall notify the Buyer prior to delivery as Buyer's facilities are gated and secure and Seller will require access for delivery.
Seller shall promptly notify Buyer of deliveries that require special handling and/or assistance for off-loading. Seller's failure to promptly notify Buyer concerning
this type of delivery shall result in billing to Seller of any resulting re-delivery, storage, or handling charges.
Unless otherwise specified on the face of the Order, all delivery time are to be made during the hours of 8:00 a.m. to 3:00 p.m., Monday through Friday, excluding
holidays.
All shipments must be accompanied by a Packing List containing: the Seller's Packing List Number, the Buyer's Purchase Order Number or Visa account number,
Buyer's name, and an itemized description of items shipped.
When multiple shipments are required to complete this order, the final shipment must be labeled as "FINAL SHIPMENT" on the Seller's Packing List and Invoice.
Shipment of any part of the goods or services to be supplied hereunder shall constitute acceptance of this Agreement, including the Order, and its terms and
conditions. In the event of any inconsistency between the terms of this Agreement and Seller's acceptance, the terms of this Agreement shall govern. No portion
of this Agreement may be modified or waived unless Buyer expressly consents in writing to each such change. No omission by Buyer to enforce any provision of
this Agreement shall constitute a waiver of its rights to enforce any provision thereafter.
QUANTITY. The specific quantity ordered must be delivered in full and not be changed without the Buyer's prior consent in writing. Any unauthorized quantity
received is subject to Buyer's rejection and return at Seller's expense. No allowances for trade practices will be accepted unless expressly agreed to by Buyer in
writing.
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FABRICATION. Unless specific delivery dates are provided in the Order, Seller shall not fabricate any of the supplies covered by the Order or procure any of the
materials required in their fabrication, except to the extent authorized in written instructions forwarded to Seller by Buyer. Buyer has no responsibility for materials
for which written fabrication and/or delivery instructions have not been provided. Buyer may from time-to-time change shipping schedules specified in the Order
or contained in such written instructions, or direct temporary suspension of such scheduled shipments.
REPAIRS. Defective items at option of Buyer and upon notice to Seller will be repaired by Buyer or returned to Seller for repair, in either case, at Seller's risk and
expense. Items that are rejected and returned are not to be replaced without the prior written permission of the Buyer. If return to Seller is not practical, Seller
shall, at Buyer's request, make repairs at Buyer's location and at Seller's sole expense.
BAILMENTS. Any material furnished by Buyer (and not sold to Seller) in conjunction with this Order shall be deemed as held by Seller as a Bailee and Seller agrees
to keep the same fully insured for the benefit of Buyer and to pay for all such material spoiled by it or not otherwise satisfactorily accounted for.
WAIVER OF LIENS. Seller waives all rights in liens against any FPUA real or personal property arising from its performance or this Agreement. Subject to the laws of
the State of Florida and of the United States, neither Contractor nor any subcontractor, supplier of materials, laborer, or other person or entity shall file or maintain
any lien for labor or materials delivered in the performance of this Contract against the FPUA. The right to maintain such lien for any of the above parties is hereby
expressly waived.
PAYMENT METHODS, INVOICING AND CHARGES
LOCAL GOVERNMENT PROMPT PAYMENT ACT. The FPUA shall pay the Seller in accordance with the Local Government Prompt Payment Act, 218.70, et seq.,
Florida Statutes, upon receipt of the Seller's invoice. The payment period shall be calculated from the date acceptable invoices are received or the date goods are
received, whichever occurs later. Payment shall be made within (45) days of receipt of an accepted invoice.
SHIPMENTS. All shipments are FOB Destination; title transfer will take place at delivery site. All freight changes are to be included on the invoice or Visa receipt.
C.O.D. shipments will not be accepted. If the Order authorizes addition of freight to Invoice, Seller agrees to make complete shipments in accordance with the Order
schedule. Any increase in freight cost resulting from unauthorized split shipments shall be Seller's responsibility. Seller will pay all charges for containers, crating,
boxing, bundling or dunnage, unless otherwise stated in writing by Buyer. The Seller agrees to assume and pay all extra expenses accruing because of improper
packing. This includes, but is not limited to, damage to items and cost of re-packing.
INVOICING. Seller shall render and email an original invoice to the assigned FPUA Project Manager or designated contact. Invoices will not be paid until all items on
the Order have been received in full, unless the Buyer has provided prior written approval for partial payment, as indicated on the face of the Order. Invoices must
include Seller's invoice number, Purchase Order number, and detailed description of goods and services.
REJECTION. Buyer shall have a reasonable period after receipt to inspect all goods and services provided. Buyer may, at its sole discretion, reject, in whole or in
part or retain, in whole or in part, any goods or services that it determines to be defective, nonconforming, or otherwise unacceptable, subject to a claim for
damages.
Goods rejected, as well as any goods supplied exceeding the quantities specified in the Order, may be returned at Seller's risk and expense for credit or replacement
at Buyer's option. Seller shall bear all handling and transportation costs associated with such returns, both to and from Buyer.
Neither payment for, nor use of, any goods or services shall be deemed to constitute acceptance by Buyer, nor shall it be deemed a waiver of any defects. Nothing
in this section shall limit or otherwise affect Buyer's rights under the Warranty provisions of this Agreement.
Seller is liable to Buyer for all damages and expenses resulting from Seller's failure to make timely delivery of goods and services of the quantity and quality specified,
if Buyer rejects such goods and services, in whole or in part, or terminates the Order.
TAXES AND TARIFFS. The FPUA is exempt from federal excise tax, transportation tax, and state sales tax; therefore, the Seller shall not include these taxes on the
invoice. The FPUA will provide Exemption Certificate upon request. Transportation Charges on all shipments must be fully prepaid by Seller.
PAYMENT METHODS. ACH payments are the FPUA's preferred payment method. On Visa purchases, the Seller shall email the original receipt to the Buyer. Receipt
shall indicate paid by Visa, the Buyer's name, items purchased, quantity, and unit prices. Any credit card fees must be included in the seller's proposal.
TERMINATION
TERMINATION FOR CONVENIENCE. Buyer has the right at any time to terminate or to suspend the Order, in whole or in part, for Buyer's convenience, by mailing
written notice or otherwise notifying the Seller. In the event of such termination or suspension, Buyer will make an equitable payment to Seller, if Seller is not then
delinquent in its performance to Buyer, and Seller makes reasonable efforts to mitigate its performance after notice of such termination. In no event will such
payment exceed the total price herein. Buyer may terminate or suspend the Order for its convenience, whether or not the Agreement has been terminated or
suspended by others.
TERMINATION FOR NON-APPROPRIATION. The effectiveness of this Agreement is contingent upon an annual appropriation by the FPUA Board. Buyer or Seller
may terminate the Order or Agreement if the FPUA Board does not budget or allocate funding for the Order.
TERMINATION FOR DEFAULT. Buyer may, by written notice of default mailed to Seller, terminate this Agreement, including the Order, in whole or in part, under
any of the following circumstances:
1. Failure to Deliver - Immediately, if Seller fails to deliver the goods or supply the services within the time frame specified by the FPUA.
2. Failure to Perform - If Seller fails to perform any provision of this Agreement, including the Order, or fails to make sufficient progress in the work such
that, in Buyer's sole opinion, timely and proper performance of Buyer's contractual obligations to others is endangered. Termination shall occur only
after Seller's failure to cure such default within seven days after Buyer provides written notice.
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3. Defective or Nonconforming Performance - If goods or services are defective in supplies, workmanship, or quality; fail to conform to approved samples
or specifications; or if Seller's performance is prevented by causes beyond its control. Termination under this provision shall also occur only after Seller's
failure to cure such default within seven days after Buyer provides written notice.
4. Bankruptcy or Insolvency - Immediately, if Seller is bankrupt, insolvent, or has a receiver appointed for it.
5. Licensure. Immediately, if Seller fails to maintain licensure as required by the State of Florida to perform the services.
6. Failure Under Other Agreements - Immediately, if Seller has failed to perform, in whole or in part, under another Buyer Purchase Order, Contract, or
Agreement, which, in Buyer's sole opinion, creates a reasonable concern that Seller will be unable to perform under this Agreement.
MISCELLANEOUS
ASSIGNMENT. Seller shall not delegate, sublet, or subcontract any duties nor assign any rights or claims under this Agreement without the prior express written
consent of the Buyer. Failure to comply with the provisions may result in a cancellation of the Buyer's obligations hereunder. If Seller sells all or a majority of its
shares, merges with, or otherwise is acquired by or unifies with a third party, it shall notify the Buyer within (10) days.
PATENTS. Seller warrants that the use or sale of any of the goods supplied hereunder will not infringe any patents, United States or Foreign. Seller agrees to defend,
protect, and hold harmless Buyer, its successors, assigns, customers, and users of its products, against all suits at law or in equity, and from all damages, expenses,
claims, and demands for actual or alleged infringement of any patent by reason of the sale or use of the goods supplied hereunder or any part thereof.
PAROLE EVIDENCE. This Agreement supersedes and replaces all prior discussions or agreements, including verbal or written quotes as to the subject matter between
the parties.
MODIFICATIONS. Any modifications to these Terms and Conditions require approval by the FPUA Board.
CONFLICT. Any reference to Seller's quotation does not imply FPUA's acceptance of any terms and conditions in such quotation. Any terms and conditions in such
quotations that are in addition to or inconsistent with the terms and conditions contained in the Order are not be part of the agreement between the parties. In
the event of a conflict, these Terms and Conditions shall take precedent, followed by the Order and then the contract, if any, executed between the parties.
An acknowledgment by Seller which contains terms in addition to or inconsistent with the terms of this Agreement, including the Order, or a rejection of any term
of this Agreement, shall be deemed to be a counteroffer to Buyer and shall not be binding upon Buyer unless specific acceptance thereof is made in writing to the
Seller. However, performance by Seller, in the absence of written acceptance of such counteroffer by Buyer, shall be deemed to be performance in accordance with
the terms of this Agreement.
GOVERNING LAW. This agreement is to be construed as though made in and to be performed in the State of Florida and is to be governed by the laws of Florida in
all respects without reference to the laws of any other state or nation. The venue of any action taken to enforce the Agreement, arising out of this Agreement, or
related to this Agreement, shall be in St. Lucie County, Florida. The parties to this Agreement hereby freely, voluntarily, and expressly, waive their respective rights
to trial by jury on any issues so triable after having the opportunity to consult with an attorney. The parties hereby agree that the United Nations Convention on
Contracts for the International Sale of Goods will not apply to this Agreement.
INDEMNIFICATION AND HOLD HARMLESS. Seller agrees to indemnify, defend, and hold harmless, the Buyer, its officers, agents, and employees from, and against
any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic, or bodily injury, wrongful death, loss
of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct
of Seller, agents, laborers, subcontractors or other personnel entity acting under Seller control in connection with the Seller's performance of services under this
Agreement. To that extent, Seller shall pay any and all such claims and losses and shall pay any and all such costs and judgments which may issue from any lawsuit
arising from such claims and losses including wrongful termination or allegations of discrimination or harassment and shall pay all costs and attorney's fees expended
by the Buyer in defense of such claims and losses, including appeals. The foregoing hold-harmless obligation of Seller shall extend to all damages, losses, and claims
of any kind, whether actual or alleged, arising from the operations of Seller or any of its agents, laborers, subcontractors, or employees, regardless of whether
applicable insurance policies are determined to cover such damages or claims. Seller shall remain fully responsible for any violation of laws, rules, regulations, or
ordinances relating in any way to the conduct of persons engaged in, or the materials or methods used by Seller in, the performance of this Agreement. This
indemnification shall survive the termination of this Agreement. The provisions of this section shall survive termination of the
Agreement.
SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be deemed or otherwise interpreted as waiving the Buyer's sovereign immunity protections
whether by contract or by law. The parties agree that the Buyer's liability in all instances shall be limited to the monetary limits set forth in Section 768.28, Florida
Statutes.
REMEDIES. The remedies herein reserved to Buyer shall be cumulative, and in addition to any remedies provided by law. No waiver of a breach of any provision
shall constitute a waiver of any other breach, or of such provision, unless specifically agreed to by Buyer in writing.
RIGHT OF SET-OFF. Buyer shall be entitled at any time to set off any sums owing by Seller to Buyer against sums payable by Buyer concerning the Order.
ATTORNEY'S FEES. Each party is responsible for its own attorney's fees for any action arising from or related to this Agreement. Each party expressly waives any
right to seek attorney's fees from the other party, regardless of the source of such right.
NON-EXCLUSIVITY. Seller acknowledges and agrees that this Agreement, including the Order, is non-exclusive. Buyer may choose one or more Sellers to purchase
goods or services.
CYBER SECURITY INCIDENT NOTIFICATION. Seller acknowledges that time is of the essence in responding to cybersecurity risks. Seller shall notify Buyer as soon as
practicable, and in no event later than twenty-four (24) hours after discovery of any Security incident. For purposes of this section, a "Security Incident," means any
actual or reasonably suspected (i) unauthorized access to, acquisition of, use of, disclosure of, alteration of, or destruction of Buyer Data; (ii) compromise of Seller's
systems, networks, or accounts that affects or could reasonably affect the confidentiality, integrity, or availability of Buyer Data or the services provided to Buyer;
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or (iii) event requiring notice under applicable law. Notice shall be made by Seller to Buyer at: Risk@FPUA.com Seller shall continue to provide timely updates as
additional information becomes available and shall fully cooperate with Buyer in investigation, containment, remediation, and prevention of further incidents.
SEVERABILITY. To the extent permitted by law, the provisions of this Agreement shall be deemed severable and if any portion of the Agreement is found invalid or
unenforceable, it shall not affect the validity or enforceability of the other provisions herein.
WARRANTY. Seller warrants that all materials, equipment, and services furnished hereunder will conform to specifications, drawings, samples, or other description
furnished or approved by Buyer; will be fit and sufficient for the purposes intended; will perform as specified herein; and will be free from defects and merchantable.
This warranty will run to Buyer, its successors and assigns, and to the Buyer's customers and users of the Buyer's products. Seller shall provide Buyer a copy of all
warranty documents for all goods purchased or services rendered. Seller shall provide a minimum of one year warranty to the Buyer for all goods and services
rendered. The provisions of this section shall survive termination of the Agreement.
AFFIDAVITS AND FLORIDA LAW REQUIREMENTS
COMPLIANCE WITH LAWS. Seller shall give all notices required by and shall otherwise comply with all applicable laws, ordinances, and codes and shall, at its own
expense, secure and pay the fees and charges for all permits required for the performance of the Agreement. All materials furnished and works done must comply
with all federal, state, and local laws and regulations. Seller will comply with all requirements of 28 C.F.R. 35.151.
PUBLIC RECORDS. Seller and any subcontractors shall comply with section 119.0701, Florida Statutes. Seller and any subcontractors are to allow public access to all
documents, papers, letters, or other material made or received by the Seller in conjunction with this Agreement, unless the records are exempt from Article I,
section 24(a), Florida Constitution, and section 119.07(1)(a), Florida Statutes. Pursuant to section 119.10(2)(a), Florida Statutes, any person who willfully and
knowingly violates any of the provisions of chapter 119, Florida Statutes, commits a misdemeanor of the first degree, punishable as provided in sections 775.082
and 775.083, Florida Statutes.
Buyer is a public agency subject to chapter 119, Florida Statutes. Seller shall comply with Florida's Public Records Law. Pursuant to section 119.0701, Florida
Statutes, Seller agrees to comply with all public records laws, specifically to keep and maintain public records required by the Buyer in order to perform the service.
The timeframes and classifications for records retention requirements must be in accordance with the General Records Schedule GS1-SL for State and Local
Government Agencies.
During the term of the Agreement, the Seller shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for
records directly related to this Agreement. The form of all records and reports shall be subject to the approval of the Buyer.
Records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official
business with the Buyer. Seller's records under this Agreement include, but are not limited to, supplier/subcontractor invoices and contracts, project documents,
meeting notes, emails, and all other documentation generated during this Agreement.
Seller agrees to make available to the Buyer, during normal business hours all books of account, reports and records relating to this Agreement.
A contractor who fails to provide the public records to the Buyer within a reasonable time may also be subject to penalties under section 119.10, Florida Statutes.
Upon request from the Buyer's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;
Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the Agreement term and following completion of the Agreement if the Seller does not transfer the records to the Buyer;
Upon completion of the Agreement, transfer, at no cost to the Buyer, all public records in possession of the Seller, or keep and maintain public records required by
the Buyer to perform the service. If the Seller transfers all public records to the Buyer upon completion of the Agreement, the Seller shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. If the Seller keeps and maintains public records upon
completion of the Agreement, the Seller shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to
the Buyer, upon request from the Buyer's custodian of public records in a format that is compatible with the information technology systems of the Buyer.
IF THE SELLER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SELLER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
PO BOX 3191
FORT PIERCE, FL 34948
772-466-1600
PUBLICRECORDS@FPUA.COM
E-VERIFY. In accordance with section 448.095, Florida Statutes, the Seller agrees to comply with the following:
Seller must register with and use the E-Verify system to verify the work authorization status of all new employees of the Seller. Seller must provide Buyer with
sufficient proof of compliance with this provision before beginning work under this Agreement.
If Seller contracts with a subcontractor, Seller must require each subcontractor to provide the Seller with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. The Seller shall maintain a copy of each such affidavit(s) for the duration of this Agreement and any
renewals thereafter. FPUA reserves the right to approve and subcontractors before use.
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ATTACHMENT T
The Buyer shall terminate this Agreement if it has a good faith belief that a person or an entity with which it is contracting has knowingly violated section 448.09(1),
Florida Statutes.
Seller shall immediately terminate any contract with any subcontractor if Seller has, or develops, a good faith belief that the subcontractor has violated section
448.09(1), Florida Statutes. If Buyer has or develops a good faith belief that any subcontractor of Seller knowingly violated section 448.09(1), Florida Statutes, or
any provision of section 448.095, Florida Statutes, the Buyer shall promptly notify the Seller and order the Seller to immediately terminate the contract with the
subcontractor.
The Buyer shall terminate this Agreement, including the Order, for violation of any provision in this section. If the Agreement is terminated under this section, it is
not a breach of contract and may not be considered as such. If the Buyer terminates this Agreement under this section, the Seller may not be awarded a public
contract for at least one (1) year after the date on which the Agreement was terminated. A contractor is liable for any additional costs incurred by the Buyer as a
result of the termination of a contract.
The Buyer, Seller, or any subcontractor may file a cause of action with a circuit or county court to challenge a termination under section 448.095(5)(c), Florida
Statutes, no later than twenty (20) calendar days after the date on which the Agreement was terminated. The parties agree that any such cause of action must be
filed in St. Lucie County, Florida, in accordance with the Venue provision herein.
DISCRIMINATORY, CONVICTED, AND ANTITRUST VIOLATOR VENDOR LISTS. Seller certifies that neither it nor any of its affiliates, as defined in the statutes below,
have been placed on the discriminatory vendor list under section 287.134, Florida Statutes; the convicted vendor list under section 287.133, Florida Statutes; or the
antitrust violator vendor list under section 287.137, Florida Statutes. Absent certain conditions under these statutes, neither contractors nor their affiliates, as
defined in the statutes, who have been placed on such lists may submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; 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.
COOPERATION WITH INSPECTOR GENERAL. Pursuant to section 20.055, Florida Statutes, it is the duty of every state officer, employee, agency, special district,
board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to
this section. Seller understands and will comply with this statute.
SCRUTINIZED COMPANIES. Seller certifies that it and those related entities of Seller, as defined by Florida law, are not on the Scrutinized Companies that Boycott
Israel List, created pursuant to section 215.4725, Florida Statutes, and are not engaged in a boycott of Israel. The Buyer may terminate this Agreement if Seller or
any of those related entities of Seller, as defined by Florida law, are found to have submitted a false certification or any of the following occur with respect to the
company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract
for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Notwithstanding the preceding, the
Buyer reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists or engaged in business operations in Cuba or Syria
to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more, or may permit a company on
the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of any
amount, should the Buyer determine that the conditions set forth in section 287.135(4), Florida Statutes, are met.
CODE OF ETHICS. Seller warrants and represents that its employees will abide by any applicable provisions of the State of Florida Code of Ethics in Chapter 112.311
et seq., Florida Statutes. Seller further represents that neither it nor its employees, officers, or agents shall engage in any activity that would create an actual or
perceived conflict of interest in the performance of this Agreement, including but not limited to offering gifts, favors, or compensation intended to influence any
employee, officer, or agent of the Buyer. Seller shall promptly disclose to Buyer any potential conflict of interest of which it becomes aware.
POLICY OF NON-DISCRIMINATION. Seller shall not discriminate against any person in its operations, activities, or delivery of services under this Agreement. Seller
shall affirmatively comply with all applicable provisions of federal, state, and local equal employment laws and shall not engage in or commit any discriminatory
practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political
affiliation, or any other factor which cannot be lawfully used as a basis for service delivery.
CONTRACTING WITH FOREIGN ENTITIES AFFIDAVIT. Beginning July 1, 2025, a governmental entity may not extend or renew a contract with an entity listed in Sec.
287.138, Florida Statutes, [if the contract would give such entity access to an individual's personal identifying information]. Beginning January 1, 2024, a
governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an
individual's personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity
under penalty of perjury attesting that the entity does not meet any of the criteria required by Florida law. Beginning July 1, 2025, when an entity extends or renews
a contract with a governmental entity which would grant the entity access to an individual's personal identifying information, the entity must provide the
governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the
criteria required by Florida law.
NON-COLLUSION AFFIDAVIT FOR PRIME BIDDERS. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not:
1. submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
2. submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;
3. submit bids, proposals, or replies on leases of real property to a public entity;
4. be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
5. transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in
s. 287.017, F.S. for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was
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Fort Pierce Utilities Authority | Purchase Order and RFIQ Terms and Conditions | Last Updated October 2025