17-26_-_Non-Ad_Valorem_Fire_Assessment_Rate_Study.pdf

REQUEST FOR PROPOSAL AND CONTRACTOR ACKNOWLEDGEMENT FORM

REQUEST FOR PROPOSAL AND CONTRACTOR

ACKNOWLEDGEMENT FORM

POSTING DATE: April 12, 2026 PURCHASING CONTACT & EMAIL:

Susan Perry, Purchasing Coordinator sperry@debary.org

RFP NUMBER AND TITLE:

17-26 - Non-Ad Valorem Fire Assessment Rate Study

RFP DUE DATE & TIME:

May 11, 2026 at 2:00 PM EST

NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

QUESTION DEADLINE: April 22, 2026 at 2:00 PM EST The City will respond to written inquiries emailed to: sperry@debary.org

PRE-PROPOSAL MEETING DATE & TIME: N/A

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR RESPONSE.

YOUR RESPONSE WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED

AGENT OF THE PROVIDER.

COMPANY NAME: __________________________________________________________________________

MAILING ADDRESS: ________________________________________________________________________

CITY, STATE, ZIP: __________________________________________________________________________

FEDERAL EMPLOYERS IDENTIFICATION NUMBER (FEIN): ________________________________________

TELEPHONE NUMBER: ___________________________

EMAIL: ______________________________________________________________________________

AUTHORIZED SIGNATURE: TYPE OR

PRINTED NAME:

TITLE: _______________________________ DATE: _____________________

NOTICE: Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

mailto:sperry@debary.org

OVERVIEW AND INTENT

1. Purpose

This RFP intends to solicit sealed proposals from qualified Contractor(s) to provide a comprehensive Non-Ad Valorem Fire Assessment Rate Study.

The City is currently seeking proposals from persons or business entities (“Proposers”) that (1) can provide analysis and advice to City officials concerning funding of non-ad valorem assessments, including annual fire service availability funding (2) offer specific strategies and alternatives for consideration by City management and staff (3) if requested, either implement or cause funding such strategies or advice to be implemented swiftly. In this context, “swiftly” would be considered within approximately 1 to 4 months upon contracting.

2. Overview Among other things, the City is faced with the prospect of reduced ad valorem revenue based on possible decisions of the Florida legislature. Revenue sources need to be developed to cover costs for its fire department, to better serve properties within the City.

A quality and successful response to the RFP should articulate qualifications and readiness to (1) succinctly offer a comprehensive means to legally fund additional and supplemental costs toward looking to accomplish the existing and expanded funding of the City’s fire department budget in ensuing fiscal years. Such services may be expanded to additional work orders for the contemplated special assessment or other special assessments subsequently, (2) offer practical and immediate alternatives or funding strategies (which at the discretion of the proposer may or may not be shared in detail in the response to the RFP), and (3) outline a detailed path, timeline or other means to implement any funding approach, or to cause any alternatives or strategies described or suggested to be implemented. In this context, “implemented” means undertaking reasonable and necessary legal, analytical, administrative and practical steps or prerequisites necessary to be in a position to collectively bill or charge all assessable property owners.

The City is aware of and will be responsible for timely compliance with section 197.3632 (3), Florida Statutes, if it uses the uniform method of collection. The Proposer can assume the City will cooperatively share relative but preliminary budget information upon request if selected.

A quality and successful response should outline how the Proposer expects and proposes to be paid and compensated beyond the nominal initial hourly or negotiated fee advice budget. The City is not and shall not be liable to pay for any work to respond or prepare a response to this RFP. A selected Proposer assumes the risk of not being selected or if selected undertaking any work where the value exceeds or extends beyond the limited not to exceed nominal advice budget hereof. However, the Proposer should contemplate, but is not guaranteed, a subsequent mutually agreeable work order or orders, if the City requests and so directs in writing based on a work order developed as a result of a response to this RFP.

3. Scope of Services Proposers shall provide a statement in the affirmative, in Tab #3 of their Proposal, answering the Information Requested questions as described below. Proposers shall not alter the Information Requested questions in any way. Failure to comply shall result in the responses to the questions as being incomplete/nonresponsive.

The Proposers shall perform the following related professional services for the City. Responsibilities of the selected Proposer shall include but are not limited to the following:

Phase I A. Evaluate Data Pertaining to Fire Rescue Services: Evaluate existing City documents, ad valorem tax roll information, fire call data, agreements, reports, levels of service, five-year budget requests, projected long- term capital needs and other data pertaining to the provision of the fire services.

B. Review and Evaluate Outstanding Issues: Research, identify and evaluate outstanding funding issues that need to be addressed during the development of the fire services funding options and apportionment methodology and assist the City in identifying policy decisions necessary to implement a City assessment program for Fiscal Year 2027/2028.

C. Determine Full Costs of Service: Evaluate the full cost of fire service delivery, using the City’s most current financial information including direct and indirect costs.

D. Analyze Call Data and Correlate with Property Data: Evaluate a minimum of two years of the

City’s fire incident reports, correlate the fixed property uses on the reports to comparable property uses on the tax roll. Analyze all property use categories within the City to determine which parcels receive a special benefit from the provision of Fire Rescue Services.

E. Develop Apportionment Methodology (the City would like to see a minimum of three (3) Methodologies): Develop a fair and reasonable method of apportionment and accurate classification of parcels using the current ad valorem roll and fire incident data reports. Review the assessment methodology for legal sufficiency and compatibility with the tax bill method of collection. Create a preliminary assessment roll database using the current tax roll and apply the apportionment methodology to the database to test validity and legal sufficiency.

F. Identify Service Delivery Issues: Identify and analyze any potential service delivery issues that may affect the apportionment methodology.

G. Determine Assessment Rates: Calculate a pro forma schedule of rates based on the developed apportionment methodology and revenue requirements for the 2027/2028 assessment program using the developed assessment roll. Additionally, provide a five-year schedule of fees per the rate structure to support the anticipated financial requirement.

H. Identify Revenue Requirements and Alternative Revenue Sources: Advise the City in determining the total fire department service assessment revenue requirements to ensure recovery of the costs of net fire service delivery revenue requirement, implementing the program and collecting the assessment. Identify alternative sources of revenue to fund the service delivery costs.

I. Review Legal Sufficiency of Assessment Methodology: Review the assessment methodology for legal sufficiency and compatibility with the tax bill method of collection. Ensure that the data approach used is the data needed for the tax bill collection method in recurring years.

J. Present Results to City: Prepare a draft Assessment Report that identifies the apportionment methodology, benefited properties, pro forma assessment rates, and alternatives for funding fire services. The report will also include a cost analysis, revenue generation options, and the steps and timetable for implementing the fire assessment for the Fiscal Year 2027/2028. Present the draft report to City staff for input, revise as necessary, produce a final report, and present the report to the City of DeBary City Council.

K. Disclosure and Ownership of Documents: The Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials, in both hard copy and electronic mail. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the City or at its expense will be kept confidential by the Contractor and will not be disclosed to any other party directly or indirectly, without the City’s prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, database, reports and other data developed or purchased under this Contract for or at the City’s expense shall be and remain the City’s property and may be reproduced and reused at the discretion of the City.

All documents resulting from this project will become the sole property of the City.

Phase 2

L. Assist with Ordinance Development: Advise and assist with the legal requirements for the calculation, development and adoption of the final assessment rate ordinance and certification of the tax roll in accord with Florida Statutes.

M. Produce Accurate Inventory and Tax Roll: After verification of the final rates for the assessment program, create the notice roll by applying the rates to the assessment roll. Develop the first class notice and assist in its distribution to affected property owners. Alternatively, produce the data exports needed for the production of TRIM notices by the Property Appraiser and provide to Property Appraiser based on their specifications.

N. Certify, Export and Transmit Final Assessment Roll: Update the tax roll and submit to the

Volusia County Tax Collector for Fiscal Year 2027/2028. The tax roll data will be provided in the electronic medium and format required by the County Tax Collector and be suitable for merger into the ad valorem tax roll files.

O. Provide City with Source Files: Provide all source files to the City in Microsoft Word and Excel.

P. City Staff Training: The City will require that selected City staff receive comprehensive documented guidance and training on the selected methodology used in the Fire Assessment Rate Study. This training will ensure that staff are fully equipped to understand, apply, and maintain the methodology for future use. As a result, City personnel will be able to independently update the fire assessment rates on an annual basis, ensuring consistency, accuracy, and alignment with the original study framework while adapting to any changes in service demands or cost factors.

Q. Additional Services: The successful consultant may be required to provide additional services to the City on public education workshops, informational brochures, challenges, public protests, administrative hearings or similar matters. At a separate hourly fee (submitted in proposal), the consultant shall be available to represent the City, serve as an expert witness and provide supporting documentation as necessary.

4. RFP Schedule: The following is a tentative schedule for the RFP process and all dates are subject to change.

Solicitation Posting April 12, 2026 Request for Information Cut-off April 22, 2026 Proposals Due May 11, 2026 Proposal Evaluation May 13, 2026 Presentations/Interview (if required) May 20, 2026 City Council Approval Date June 17, 2026

PROPOSAL FORMAT AND CONTENTS

While there is no intent to limit the contents of any proposal, proposals shall conform to the tab format outlined below to ensure that all pertinent information necessary for evaluation is included and to facilitate review.

Addenda, if any, must be signed and dated by a representative authorized to sign the proposal on behalf of his/her company and included in the proposal response.

Tab 1 – Contractor’s Profile and Submittal Letter

A brief profile of the Contractor, including:

A. A brief history of the business B. Organizational structure of the business C. Ownership interests D. Active business venues (counties, states, etc.)

E. Present status and projected direction of the business F. Designation of the legal entity by which the business operates and documentation from the appropriate state’s agency confirming the Contractor’s legal entity type (i.e.

sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.). Contractors who are required to be registered with the Florida Department of State, Division of Corporations, or who are incorporated within the State of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered Contractors must have an active status to be eligible to do business with the City of DeBary. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit www.Sunbiz.org.

G. For non-Florida businesses, submit documentation from the state in which the business was formed, including their state’s document number and a screenshot of their “active” status.

H. The following documents must be submitted:

Request for Proposal and Contractor Acknowledgement – page #1

Exhibit A - Drug-free Workplace Certification

Exhibit B - Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions

Exhibit C - Byrd Anti-Lobbying Amendment Certification

Exhibit D - Contractor Statutory Compliance Affidavit

Exhibit E - Confidential Information Itemization Log (If Applicable)

Certificate of Insurance and Local Business Tax Receipt

IRS Form W-9

If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org

If a Non-Florida Corporation, a screenshot of “ACTIVE” status from the state in which the business was formed http://www.sunbiz.org/ http://www.sunbiz.org/

All Addenda (if applicable)

Tab 2 – Qualifications and Experience of Personnel This section should include the Proposer’s experience, personnel, resources, prior experience, successes and plans for providing the services required to initially fund fire service and associated emergency medical service costs and services. The City may or may not engage the Proposer to assist with other or future special assessments as a result of this RFP, but reserves the opportunity to evaluate the experience, approach and attractiveness of the Proposer’s abilities, response, and offering as it may relate to other assessments.

References: If references are provided by the Contractor, do not include references of the City of DeBary.

A. The following documents must be submitted:

Exhibit F - RFP 17-2026 Major Subcontractors (If Applicable)

Exhibit G - RFP 17-2026 Evidence of Experience and Financial Status

Tab 3 - Response to the Scope of Services (Refer to Page 2, #3) This section should include the Contractor’s response to the scope of work in detail. Describe any unique approaches or methodologies used by the Contractor and describe the outcomes noted from similar projects.

A. State the technical approach to the project and the interpretation of the scope of services required.

B. Define the adequacy of resources, including personnel, labor, equipment and supply resources, and other requirements to provide the requested services.

C. Provide a clear statement of the specific services and tasks to be performed. Include information concerning each task and staff committed to accomplishing each task.

D. Provide a sample implementation schedule for proposed services including any management and planning strategies.

Tab 4 - Proposal Price This section should include detailed cost information as related to the scope of work. The fee schedule proposed for the services is outlined in this Request for Proposal and clarified through the addenda. List any relevant services that are within the scope of services outlined in this solicitation.

Evaluation Criteria Responsive and responsible proposals will be reviewed and scored by the Proposal Evaluation Committee by the following matrix.

Tab Scored Requirement Possible Points

1 The responsiveness and completeness of the Proposer’s proposal to the instructions in this

RFP.

2 Qualifications, Experience and References 30

3 Response to the Scope of Services 45

4 Proposal Price 15

Total 100

Proposal Evaluation All proposals submitted in response to this Request for Proposals (RFP) will be reviewed by the City of DeBary. Only those proposals determined to be responsive to the requirements of the RFP and submitted by responsible respondents will be evaluated.

The City of DeBary’s designated staff will review, evaluate and rank all eligible proposals based on the evaluation criteria set forth in this RFP. The City of DeBary may, at its discretion, invite any, all, or none of the respondents to participate in interviews or to deliver formal presentations. These may involve key personnel proposed to work on the contract to assess their qualifications and suitability prior to a recommendation for award.

Right to Delay or Modify Evaluation Process The City of DeBary does not guarantee a specific timeline for completion of the evaluation process and reserves the right to delay or suspend the process due to budgetary considerations, scheduling issues, or other factors as determined by the City. However, it is anticipated that the review and evaluation will be conducted promptly. The City’s purchasing staff will participate in the evaluation process in a non-voting, advisory capacity.

Contract Award It is the intent of the City of DeBary to award a contract to the respondent(s) whose qualifications and proposal are determined to be the most advantageous to the City. While the City anticipates awarding a single contract for Non-Ad Valorem Fire Assessment Rate Study, it reserves the right to award multiple contracts or to make no award at all if it is determined to be in the City’s best interest.

Negotiation Process Following the evaluation and ranking process, the City will initiate negotiations with the highest-ranked firm. If a mutually acceptable agreement cannot be reached, the City may choose to enter negotiations with the next highest-ranked respondent. This process may continue in ranked order until a satisfactory agreement is reached or until the City determines that it is not possible to reach an agreement with any of the qualified respondents. The City reserves the right to reject all proposals if none are deemed suitable or if satisfactory terms cannot be negotiated.

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GENERAL TERMS AND CONDITIONS

1. Definitions The City of DeBary, Florida may be referred to as “The City of DeBary” or “The City”, herein.

The term “Contractor” shall refer to the company, individual, or organization that responds to this Request for Proposal (RFP) and/or is awarded.

2. Length of Contract: This RFP intends to establish a contract for a period of one (1) year from the date of the award by the City of DeBary with four (4) additional one-year renewal options at the same prices, terms, conditions, and specifications upon mutual agreement by the City of DeBary and the Contractor. Renewals must be in writing, with the signature of the Contractor’s authorized representative and the City of DeBary.

3. Cancellation: The City of DeBary reserves the right to cancel this Invitation to RFP, in whole or in part, when it is in the City of DeBary’s best interest. Notice of cancellation will be posted on the City's webpage, VendorLink and DemandStar.

4. RFP Submission: RFP submittals are due at the date and time indicated on the Contractor Acknowledgement Form or as amended in the form of an addendum issued by the Purchasing Department.

The City will receive proposals at the following address:

Susan Perry, Purchasing Coordinator City of DeBary

16 Colomba Rd.

DeBary, Florida 32713

THE CITY MUST RECEIVE ALL PROPOSALS ON or BEFORE May 11, 2026 BY 2:00 PM EST

NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

To facilitate processing, please mark the outside of the envelope in the lower left hand corner as follows:

17-26 - Non-Ad Valorem Fire Assessment Rate Study. An address label has been provided.

The envelope shall also include the Respondent’s return address in the upper left hand corner.

Respondents shall submit Three (3) copies of the proposal in a sealed, opaque envelope or box.

The respondent may submit the proposals by mail, parcel delivery service, or in person.

Neither the City nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to the RFP. Respondents should prepare their submittals simply and economically, providing a straightforward and concise description of the respondent’s ability to meet the requirements of the RFP.

Please note that Sections 119.071(1)(b), (c) and 815.045 of the Florida Statutes address in part the issue of the public nature of sealed bids, qualifications or proposals as well as the confidential nature of certain trade secrets. The RFP, qualifications or proposal submitted by your company may contain areas, which are designated "confidential" or "exempt from disclosure." A generic notation that information is "confidential" shall not suffice. Failure to provide a detailed explanation and justification including statutory cites and specific reference to your submittal(s) detailing what provisions, if any, you believe are exempt from disclosure, may result in your submittal(s) being subject to disclosure in accordance with Chapter 119 of the Florida Statutes. If the respondent believes their information to be exempt from disclosure, the respondent must supply an additional “redacted” copy of the proposal response their RFP submittal.

Due to the irregularity of mail and delivery services, the City cautions respondents to assure actual delivery of proposals to the Purchasing Coordinator prior to the deadline set for receiving submissions.

Telephone confirmation of timely receipt of the proposal may be made by calling (386) 601-0229 at least four (4) hours prior to opening time for proposals. Proposals received after the established deadline shall not be opened or considered and, provided that the respondent has provided a valid and legible return address as instructed herein, shall be returned in their unopened state to the respondent.

Respondents may withdraw their submissions by notifying the City via email to Susan Perry at sperry@debary.org at any time prior to the opening. Respondents may withdraw their submissions in person or by an authorized representative. Respondents and authorized representatives must provide the letter of withdrawal, picture identification, proof of authorization (in the case of authorized representatives), and provide the City with a signed receipt for the qualification package. Proposals, once opened become the property of the City and will not be returned to the respondent.

All solicitations and supporting documents will be posted on the City's webpage, VendorLink and DemandStar. It is the sole responsibility of interested parties to monitor the City's webpage, VendorLink and DemandStar for solicitation opportunities and updates.

5. Execution of RFP Submittal: Each RFP submittal must include the signature of an officer or employee having authority to bind the Contractor in the space(s) provided. Only the terms and conditions of this RFP, as released by the City of DeBary or amended via addendum, are valid. Any modification to any term or condition by the Contractor is not binding unless it is expressly agreed to in writing by the City of DeBary.

6. Interpretation of RFP Documents: No interpretation of the meaning of this RFP document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this RFP, and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the City of DeBary Purchasing Department Representative. Inquiries must reference the date of RFP opening, RFP title, and RFP number. Interpretation of the RFP, clarification of RFP specifications, and changes to the RFP shall be communicated by written addenda only. Only the written interpretation or correction given by the Purchasing Department Representative shall be binding. Verbal responses shall be considered inadmissible in RFP protest proceedings. Contractors are advised that no other source is authorized to interpret, explain, clarify or give information regarding the RFP documents. Written addenda shall be signed by the Contractor and returned with the RFP submission. Failure to return such addenda may constitute cause for rejection of a RFP submittal.

7. Public Records:

The City of DeBary is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law.

7.1. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS, Annette Hatch, CMC, City Clerk AT 386.601.0219, ahatch@debary.org 16 Colomba Road, DeBary, Fl.

32713

7.2. The Contractor acknowledges its legal obligation to comply with Section 119.0701, Florida

Statutes. The Contractor shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, which would be required to be kept and maintained by the City of DeBary to perform the scope of services. The Contractor shall comply with all requirements for retaining public records and shall transfer, at no cost to the City of DeBary, all public records in mailto:ahatch@debary.org the possession of the Contractor upon a request for such public records. See Section 119.0701(2)(b)4, Florida Statutes, for additional record-keeping requirements.

7.3. A request to inspect or copy public records relating to the City of DeBary’s’ Agreement for services must be made directly to the City of DeBary’s Custodian of Public Records. If the City of DeBary does not possess the requested records, the City of DeBary’s Custodian of Public Records shall immediately notify the Contractor of the request. The Contractor must provide a copy of the records to the City of DeBary or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. If the Contractor does not timely comply with the City of DeBary’s request for records, the City of DeBary shall be able to sue for breach of Agreement and the prevailing party shall be entitled to attorney’s fees.

7.4. Should the Contractor fail to provide the requested public records to the City of DeBary within a reasonable time, the Contractor understands and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, Florida Statutes.

7.5. The Contractor shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of this Agreement term and following the completion, expiration, or termination of same if the Contractor does not transfer the records to the City of DeBary. Upon completion, expiration, or termination of this RFP, the Contractor shall transfer, at no cost to the City of DeBary, all public records in its possession or keep and maintain public records required by the City of DeBary to perform the services. If the Contractor transfers all public records to the City of DeBary, the Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion, expiration, or termination of this RFP, the Contractor shall meet all applicable requirements for retaining public records and provide requested records to the City of DeBary under the requirements of this Article. All public records stored electronically must be provided to the City of DeBary in a format that is compatible with the information technology systems of the City of DeBary.

8. Non-Collusion: The prices in the Contractor’s submittal have been arrived at independently, without consultation, collusion, communication, or agreement to restrict competition, as to any matter relating to such prices with any other Contractor or with any competitor.

9. Conflict of Interest: In addition to complete adherence to the requirements provided in Section 112.313, F.S., all Contractors must disclose the name of any officer, director, agent, or representative who is also an employee of the City of DeBary, who knowingly owns, directly or indirectly, any interest of any amount in Contractor’s company, firm, or business, or who derives income of any kind from Contractor’s company, firm or business.

10. Bid Protests: Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this RFP or who is adversely affected by a decision of the City of DeBary concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of intended decision is posted.

A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value.

The Notice of Intent to Protest and formal written protest shall be filed at the following address:

The City of DeBary Attention: Finance Director

The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

11. No-Contact Period / Lobbying: During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, the City Manager, any City of DeBary employees except (a) any designated Purchasing or Finance Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests; and (b) a Council Member, the City Manager, any City of DeBary employees who is lobbied on issues or matters unrelated to the procurement of goods and services which are subject to the No Contact Period.

The No-Contact Period shall commence on the initial date of the advertisement for this RFP and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the Contractor from consideration.

12. Laws and Regulations: Applicable provisions of all federal, state, county, and local laws, and all ordinances, rules, and regulations shall govern the development, submittal, and evaluation of all Bids received in response hereto and shall govern any claims and disputes which may arise between the Contractors submitting a response hereto and the City of DeBary by and through its officers, employees, and authorized representatives, or any other persons, natural or otherwise; and lack of knowledge by any Contractor shall not constitute a cognizable defense against the legal effect thereof.

13. Patents, Copyrights, and Royalties: The Contractor, without exception, shall indemnify, defend, and hold harmless The City of DeBary, Florida, and its employees from liability of any nature or kind including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of DeBary. If the Contractor uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception its Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

14. Independent Contractor Relationship: The Contractor is, and shall be, in the performance of all

Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the City of DeBary. All persons engaged in any of the work or Services performed under this Agreement shall at all times, and in all places, be subject to the Contractor’s sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor’s relationship and the relationship of its employees to the City of DeBary shall be that of an independent contractor and not as employees or agents of the City of DeBary. The Contractor does not have the power or authority to bind the City of DeBary in any promise, agreement, or representation.

Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the Parties or any affiliate thereof, or to provide any Party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other Party.

The City of DeBary, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the Contractor. Such rejection shall not relieve the Contractor of the obligation to perform all work in compliance with the RFP.

15. Marketing/Advertising: By submitting or being awarded this RFP, the Contractor agrees not to use the results as a part of any marketing and/or commercial advertising using the City of DeBary’s name, logos, etc. without the express written consent of the City.

16. Purchases by Other Public Agencies/Piggyback: With the consent and agreement of the Contractor, purchases may be made under this RFP by other governmental agencies, political subdivisions within the State of Florida, or any other public entity. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own purchase order to the Contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items.

17. Right to Use Existing Contracts / Non-exclusivity: The City of DeBary reserves the right to utilize any other contract, including, but not limited to, the following: any State of Florida Contract, any contract awarded by any other city or county governmental agencies, school boards, community colleges/state university system, cooperative agreements, or to directly negotiate/purchase. The City of DeBary also reserves the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City of DeBary, at any time during this agreement term.

18. Public Entity Crimes: Section 287.133(2)(a), F.S., as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted contractor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any 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 over the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted contractor list.

19. Bankruptcy / Insolvency: At the time of Bid submission, the Contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If the Contractor is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, the City of De Bary may, at its option, terminate and cancel the Agreement, in which event all rights hereunder shall immediately cease and terminate.

20. Termination: The City of DeBary reserves the right to terminate the award as a result of this RFP, or any part herein, without cause or penalty. The City of DeBary will notify the Contractor of the intent to terminate, in writing, a minimum of thirty (30) days before the effective date of termination, and the agreement will officially terminate at the end of the thirty (30) day grace period. Termination or cancellation of the RFP will not relieve the Contractor of any obligations for any deliverables entered into before the termination of and/or obligations or liabilities resulting from any acts committed by the Contractor before the termination of the agreement.

21. Right to Reject: The City of DeBary reserves the right to reject any or all Bid(s), to waive minor irregularities, and/or to accept the Bid(s), which in its sole judgment best serves the interest of the City of DeBary.

22. Extension: In addition to any renewal options contained herein, the City of DeBary has the right to extend any award resulting from this RFP for the period necessary for the City of DeBary to release, award, and implement a replacement agreement for the commodities and/or contractual services provided in this RFP. Such extension shall be based upon the same prices, terms, and conditions outlined in this RFP.

23. Method of Ordering: The Contractor shall only fill orders for commodities and/or services upon receipt of an authorized purchase order issued by the City of DeBary, or City of DeBary Purchasing Card. All orders will be initiated on an as-needed basis throughout the term of this RFP. Orders shall be promptly filled and delivered to the location specified on the purchase order.

24. Invoicing: The Contractor is required to submit all invoices referencing a valid City of DeBary purchase order number for all payment requests.

It is the sole responsibility of the Contractor to ensure that an invoice corresponds to its applicable purchase order and to resolve any discrepancies by notifying the point of the contact person listed on the attention line under the ship-to area of the purchase order before submitting the invoice for payment.

Any invoice submitted as a result of the award of this RFP shall be itemized matching the items on the purchase order.

An invoice can only reference one purchase order number. Invoices that do not reference valid purchase order numbers will be returned to the Contractor for resolution of the discrepancies and resubmitted.

25. Payment: The City of DeBary will only pay the dollar amounts as authorized on the purchase order.

Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the commodities or contractual services provided by the Contractor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. Payment for partial shipments shall not be made unless specified in the purchase order. Failure to follow these instructions may result in delays in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence.

26. Contractor’s Representative: The Contractor must provide a point of contact for the term of this RFP to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordination of services, and to address other issues.

If the point of contact differs between regular work hours and after-hours, weekends, and holidays, this must be provided. The Contractor must provide the Purchasing Coordinator with any updates to the primary point of contact. The City of DeBary reserves the right to require a change in the Contractor’s point of contact at the City’s sole discretion.

27. Assignment: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City of DeBary.

28. Silence of Specifications: Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve the Contractor from responsibility.

29. Equal Employment Opportunity: The City of DeBary is committed to assuring equal opportunity in the award of contracts and therefore complies with all laws prohibiting discrimination based on race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law.

30. Audit and Inspection: The City of DeBary or its representatives reserves the right to inspect and/or audit the Contractor's documents and records as they pertain to the products and services delivered under this RFP. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations established by this RFP. Documents or records in any form shall be open to the City of DeBary’s representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the City of DeBary and the Contractor.

31. Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the City of DeBary, its City Council members, employees, and representatives from and against any 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 or 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 those acts or omissions arising out of the sole gross negligence or intentional misconduct of the City of DeBary.

Nothing in this RFP shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of the City of DeBary’s sovereign immunity protection and limitations of liability under Section 768.28, F.S. Any indemnity or assumption of liability by the City of DeBary hereunder shall be subject to the City of DeBary’s rights to sovereign immunity and any other limitations of liability provided the City of DeBary under Florida law.

32. Governing Law and Venue: Any actions associated with this RFP will be governed by the laws of the State of Florida. All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants, or conditions of this agreement shall in all respects be governed by and determined by the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law.

33. Contracts and Amendments: The contents of this RFP and all provisions of the Contractor’s submittal shall be considered an agreement and become legally binding. Any changes to the provisions hereinafter award must be in writing and signed by both Parties.

34. Compliance with Laws: Contractors are required to be familiar with all Federal, State, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the part of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve the Contractor from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor.

Governmental entities of the State of Florida are prohibited from entering into, amending, extending, and renewing certain contracts and agreements with entities of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and with business entities that engage in forced labor and human trafficking practices, pursuant to Sections 287.1346, and 786.06, Florida Statutes. Pursuant to Contractor’s executed Affidavit, attached hereto as Exhibit D, Contractor attests that it is not affiliated with, and it is not, an entity of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and that Contractor does not engage in forced labor and human trafficking practices as defined in Sections 287.1346, and 786.06, Florida Statutes.

35. Certification Regarding Scrutinized Companies: Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into, or renewing an Agreement for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing an Agreement for goods or services over One Million Dollars and 00/100 Cents ($1,000,000.00) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to Section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria.

By submitting a Bid, the Contractor constitutes certification that it is not listed on any of the following:

(a) the Scrutinized Companies that Boycott Israel List, (b) Scrutinized Companies with Activities in Sudan List, or (c) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

The Contractor further certifies that it is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. The Contractor acknowledges that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorney’s fees, and/or costs. The Contractor further understands that any Agreement with the City of DeBary for goods or services of any amount may be terminated at City of DeBary’s option if the Contractor (a) is found to have submitted a false certification, (b) has been placed on the List of Scrutinized Companies that Boycott Israel, or (c) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the Agreement is one million dollars ($1,000,000) or more, the Agreement may be terminated at City of DeBary’s option if the Contractor is found to have submitted a false certification, 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 has been engaged in business operations in Cuba or Syria.

36. Florida Department of State, Division of Corporations Registration Requirements: Contractors who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered Contractors must have an active status to be eligible to do business with the City of DeBary. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company.

If the Contractor is not located in Florida, the Contractor must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal.

37. State Term Contracts: Following Section 1010.04, F.S., purchasing agreements, and state term contracts available under Section 287.056, F.S. have been reviewed to determine if they suit the needs of the the City and/or provide an economic advantage.

38. Taxes: The City of DeBary is…