2-RFP 004-26-RR Solar Power Generation and Storage for Electric Utility FINAL.pdf

REQUEST FOR PROPOSALS

RFP-004-26-RR

SOLAR POWER GENERATION AND ENERGY

STORAGE FOR ELECTRIC UTILITY

Issue Date: October 15, 2025

Procurement Agent: ReGina Register

Email Address: ReGina.Register@Talgov.com

TABLE OF CONTENTS

SECTION DESCRIPTION

1.0 Notices/Instructions to Respondents

1.1 Introduction

1.2 Personnel to Contact of this Solicitation

1.3 Submittal Response Requirements

1.4 Disadvantage Business Enterprise (DBE) Participation – Not Required

1.5 Local Vendor Preferred

1.6 Contract Award

1.7 Right of Rejection

1.8 General Terms and Conditions

1.9 Insurance Requirements

1.10 Grievance Procedures

1.11 Selection Process

1.12 Confidentiality

1.13 Prohibited Communications

1.14 Termination

1.15 Indemnification

1.16 Certification of Drug-Free Workplace

1.17 Late Submission/Modification/Withdrawal of Submittals

1.18 Review and Approval of Contract Staff

1.19 E-Verify

1.20 Conflict of Interest

1.21 Severability

1.22 Remedies

1.23 Enforcement Costs

1.24 Purchases by Other Public Agencies

1.25 Respondent Questions Regarding the Application of Chapter 119, Florida Statutes

1.26 Scrutinized Company List

1.27 Supplier Portal

1.28 Costs Incurred by Contractors

1.29 Federal Provisions

2.0 Schedule of Events and Evaluation

2.1 Schedule of Events

2.2 Proposal Response Requirements

2.3 Cost/Fee Proposal

2.4 Technical Proposal

2.5 Evaluation of Responses

3.0 Scope of Work/Specifications

3.1 General Information

3.2 Scope of Work

Attachment A Price Schedule Forms Attachment B Sample Fixed Fee Contract Attachment C Sample Contract for Construction

REMAINDER OF PAGE LEFT BLANK.

1.0 NOTICES/INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

The City of Tallahassee, Florida (herein may be referred to “City” or “COT”) owns, operates and maintains an electric generation, transmission, and distribution system that supplies electric power in and around the corporate limits of the City for over 120,000 customers. The City is Florida's fourth largest municipally owned electric utility and the twenty-eighth largest in the United States. Nearly five percent of the community’s energy needs are currently met through a power purchase agreement for 62 MW of solar, with the balance coming from the City’s natural gas-fired generation fleet.

The City is seeking to add at least 120 MWs of renewable energy supply capacity to its electric grid by 2030 for fuel diversity and energy security. The City anticipates achieving this through a variety of utility-scale solar projects (e.g., 2.2 MW to 74.9 MW) and battery energy storage systems (e.g., 15 MW / 60 MWh) for grid balancing, stability, and reliability. See Section 3 - Statement of Work/Specifications for additional details on the scope of supply services being sought.

The City invites prospective Respondents to submit proposals to provide the items or services specified in this solicitation. Proposal means an offer submitted by a prospective Respondent in response to this solicitation that involves a solar generation and/or battery energy storage project at a single point of interconnection on the City’s electric grid. Respondents with more than one solution proposing to interconnect at different locations must prepare a separate proposal for each location (or point of interconnection) and submit them as separate responses to this solicitation.

The City is only seeking solar generation and/or battery energy storage projects that are directly tied to and balanced within the City’s electric system in this solicitation.

Proposals initially shortlisted by the City may require a presentation by the Respondent during which the City may interview the Respondent, seek clarification on technical and cost/fee information, and explore Respondent’s ability to amend their proposed solution in terms of capacity, price, and ownership type. The outcome of this solicitation will be an Intent to Award for successful Respondents followed by negotiations. The City may make multiple awards based on best value to the City but makes no guarantee of issuing any award.

1.2 PERSONNEL TO CONTACT ON THIS SOLICITATION

Procurement Agent: ReGina Register, ReGina.Register@Talgov.com.

1.2.1 Explanations/Interpretations

Any questions related to this solicitation, must be received in writing by the City by the date and time specified in the schedule of events. Please utilize the question/answer feature provided by Euna Procurement (formerly Bonfire) at https://talgov.bonfirehub.com. Material changes to the scope of services or bidding procedures will only be transmitted by written addendum.

The specific Agent/Solicitation Contact information for this solicitation is provided in Euna Procurement. Oral explanations or instructions will not be binding. Any material information given to a Respondent will be provided to all Respondents as an addendum to the solicitation.

1.2.2 Special Accommodations for Meetings

Persons with disabilities requiring reasonable accommodations to attend any scheduled meetings should contact the Purchasing Agent at least 48 hours in advance, excluding Saturday, Sunday, and City observed holidays.

mailto:ReGina.Register@Talgov.com https://talgov.bonfirehub.com/

For speech and hearing impaired: FRS TDD at 711.

1.3 SUBMITTAL RESPONSE REQUIREMENTS

The City of Tallahassee (“City”) uses Euna Procurement to administer the competitive solicitation process, including but not limited to soliciting bids, issuing addenda, posting results, and issuing notification of an intended decision. There is no charge to register, download, or submit a response with Euna Procurement. Respondents are strongly encouraged to read the various vendor guides and tutorials available in Euna Procurement to ensure familiarity with the use of Euna Procurement.

1.3.1 When submitting a response (proposal, quote or bid) electronically through

Euna Procurement, it is the sole responsibility of the Respondent to review all documents for completeness and to ensure that the response is received by Euna Procurement prior to closing date and time.

1.3.2 The City of Tallahassee Euna Procurement Portal is Located at:

https://talgov.bonfirehub.com

1.3.3 Important Notices to Respondents

If in need of assistance with registration or submission of a bid or to report a problem, reach out via email at support.bonfire@eunasolutions.com.

The Euna Support Team is available Monday through Friday from 8:00 am

– 8:00 pm EST. Additional assistance is also available by submitting a service ticket via Customer Support.

Responses are not visible until after the due date and time.

1.4 Disadvantaged Business Enterprise (DBE) Participation (Not Required) This solicitation will not have a DBE goal assigned for this project

1.5 LOCAL VENDOR PREFERENCE

To qualify for the five points for Local Vendor Preference the Respondent must maintain a permanent place of business with full-time employees within Leon, Wakulla, Gadsden or Jefferson County, Florida, for a minimum of six months prior to the scheduled bid/proposal due date. Respondents must complete the Local Vendor Affidavit Form within Euna Procurement.

Preferences shall not apply to solicitations for purchases or contracts which are funded, in whole or in part, by a Federal governmental entity and the laws, regulations, or policies governing such funding prohibit application of this preference.

1.6 CONTRACT AWARD

The City reserves the right to incorporate the successful firm's proposal into a contract and negotiate acceptable scope and terms. Failure of a firm to accept this obligation may result in the cancellation of any award.

The selected firm(s) will be required to assume responsibility for all services offered in the proposal or otherwise agreed to in negotiation with the City. The City will consider the selected firm(s) to be the sole point of contact with regard to contractual matters, including payment of any or all charges.

A copy of the recommended ranking will be available for review in the Purchasing Division upon completion of the evaluation by the committee. Vendors may also obtain a copy of the final ranking from Euna Procurement at https://talgov.bonfirehub.com.

mailto:support.bonfire@eunasolutions.com

After an Intent to Award has been successfully posted, the City will enter into formal negotiations with the successful firm(s). Examples of contractual terms and conditions can be found in Attachments A and B. Final terms and conditions will be determined through negotiations with successful firm(s).

The City may cancel this contract due to default. Respondents and their subcontractors’ employees’ performance, non-performance, service, conduct, actions and/or administrative contract support may result in disciplinary action to include, but not be limited to, warning letters, remediation period, notice of breach, notice of default, suspension, and immediate cancellation of the contract.

1.7 RIGHT OF REJECTION

The City of Tallahassee reserves the right to waive any informality in any proposal, to reject any or all proposals in whole or in part, with or without cause, and/or to accept the proposal that in its judgment will be in the best interest of the City of Tallahassee.

1.8 GENERAL TERMS AND CONDITIONS

1.8.1 Equal Opportunity Agreement

In connection with work performed under a City of Tallahassee contract, the Respondent agrees, upon receipt of a written award or acceptance of a contract, to support and abide by the City's Equal Opportunity Pledge.

The Respondent agrees to:

• Not discriminate against any employee or job applicant because of their race, creed, color, sex, marital status or national origin.

• Post a copy of this pledge in a conspicuous place, available to all employees and job applicants.

• Place a statement in all solicitations or advertisements for job applicants, including subcontractors, that the respondent is an "Equal Opportunity Employer".

1.8.2 Public Entity Crimes

As required by Florida State Statute 287.133, (2) (a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals 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 in excess of the threshold amount provided in s.287.017 for CATEGORY TWO [$35,000] for a period of 36 months from the date of being placed on the convicted vendor list. Any person must notify the City within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person.

1.8.3 Issuance of Addenda

If this solicitation is amended, the City will issue an appropriate addendum to the solicitation. If an addendum is issued, all terms and conditions that are not specifically modified shall remain unchanged. Respondent shall accept the Addendum in Euna Procurement, and when directed, shall acknowledge receipt of the addendum. The City must receive the acknowledgment by the time and date, and at the location specified for receipt of proposals.

1.8.4 Prompt Pay Policy

It is the policy of the City of Tallahassee to fully implement the provisions of the State of Florida Local Government Prompt Payment Act. For more information, please refer to Florida Statute 218.70.

1.8.5 Withholding Payment

In the event a contract is canceled under any provision herein, the City of Tallahassee may withhold from the Respondent any monies owed on that or any contract, an amount sufficient to compensate for damages suffered because of the violation resulting in cancellation.

1.8.6 Liquidated Damages

If the Respondent fails to provide or perform the deliverables, reports, or services within the time specified in this contract, or any extension, the City may terminate this contract in whole or in part under the Termination Clause in this contract. The Respondent may be liable for 1) reimbursement to the City for costs spent to procure services from another vendor, or 2) for a fixed, agreed, and liquidated damages accruing until the time the City may reasonably obtain delivery or performance of similar supplies or services.

The liquidated damages shall be in addition to excess costs under the Termination Clause.

1.8.7 Financial Consequences of Non-Performance

The City may apply financial consequences if the Respondent fails to perform in accordance with the Contract.

If the Contractor fails to meet the minimum level of service or performance identified, the City will be injured as a result thereof. If the requirements are not timely and satisfactorily performed, the Contractor shall be subject to one or more of the financial consequences listed. The contract manager shall periodically review the progress made on the activities and deliverables. If the Contractor fails to meet and comply with the activities/deliverables established or to make appropriate progress and they are not resolved within two weeks of a written request for correction; the contract manager may approve: 1) withholding of payment proportionate to the deficient service or performance until the deficiency is cured, (2) request the contractor redo or otherwise cure the work, or (3) a reduced payment by the rate established under this contract proportionate to the deficient service or performance. The contract manager must assess one or more of the financial consequences based on the severity of the failure to perform and the impact of such failure on the ability of the contract to meet the timely and desired results. These financial consequences shall not be considered penalties. The City, at its sole discretion, may offer the Contractor an extension for any listed tasks, timelines, or deliverables during which the indicated financial consequences shall not apply. Notification of any extension shall be provided to the Contractor in writing. If financial consequences are imposed and due; the City may offset the financial consequences from the next invoice or from the final retained payment or require separate payment. Any payment made in reliance on the Contractor's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an over payment.

1.8.8 Costs Incurred by Respondents

The City will not be responsible for any costs incurred by the Respondent at any time before the issuance of an executed contract.

1.9 INSURANCE REQUIREMENTS

Prior to commencing work, the Respondent shall procure and maintain at the firm’s own cost and expense, and for the duration of the agreement, the following insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Respondent, their agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in Respondent's proposal.

The coverages and limits listed below are representative of general insurance requirements of the City. Additional insurance including but not limited to Pollution Liability, Builders Risk and Property Insurance may be necessary for the recommended project(s) and will be determined by the location, scale, ownership and energy storage technology proposed.

1.9.1 Respondent shall maintain limits no less than:

Commercial General/Umbrella Liability Insurance - $1,000,000 limit per occurrence for property damage and bodily injury. The service provider should indicate in its proposal whether the coverage is provided on a claims-made or preferably on an occurrence basis. The insurance shall include coverage for the following:

• Premise/operations

• Explosion, collapse and underground property damage hazard (only when applicable to the project)

• Products/completed operations

• Contractual

• Independent contractors

• Broad form property damage

• Personal injury Business Automobile/Umbrella Liability Insurance - $1,000,000 limit per accident for property damage and personal injury.

• Owned/leased autos

• Non-owned autos

• Hired autos Workers’ Compensation and Employers’/Umbrella Liability Insurance - Workers’ Compensation coverage with benefits and monetary limits as set forth in Chapter 440, Florida Statutes. This policy shall include Employers’/Umbrella Liability coverage for $1,000,000 per accident.

Workers’ Compensation coverage is required as a condition of performing work or services for the City whether the Respondent or Vendor is otherwise required by law to provide such coverage.

Professional Liability Insurance - $1,000,000 or as per project (ultimate loss value per occurrence).

1.9.2 Commercial General Liability and Automobile Liability Coverage

• The City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Respondent;

products and completed operations of the Respondent; premises owned, leased or used by the Respondent or premises on which Respondent is performing services on behalf of the City. The coverage shall contain no special limitations on the scope of protection afforded to the City of Tallahassee, members of the City Commission, boards, commissions and committees, officers, agents, employees, and volunteers.

• The Respondent's insurance coverage shall be primary insurance as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers shall be excess of Respondent's insurance and shall not contribute with it.

• Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers.

• Coverage shall state that Respondent's insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer's liability.

1.9.3 Workers' Compensation and Employers’ Liability and Property Coverage The insurer shall agree to waive all rights of subrogation against the City of Tallahassee, member of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers for losses arising from activities and operations of Respondent in the performance of services under this Agreement.

1.9.4 All Coverage

• Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice has been given to the City.

• If Respondent, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Respondent resulting from said breach.

• Alternatively, City may purchase such required insurance coverage (but has no special obligation to do so), and without further notice to Respondent, City may deduct from sums due to Respondent any premium costs advanced by City for such insurance.

• City named as "additional insured" as its interest may appear.

1.9.5 Deductibles and Self-Insured Retention

Any deductibles or self-insured retention’s must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retention’s as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers; or the Respondent shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses.

1.9.6 Acceptability of Insurers

Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M. Best's rating service.

1.9.7 Verification of Coverage

Respondent shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences.

1.9.8 Subcontractors

Respondent shall include each of its subcontractors as insureds under the policies of insurance required herein.

1.10 GRIEVANCE PROCEDURES

1.10.1 Right to Protest. Any Respondent may protest the provisions of a Request for Bids (IFB) or Request for Proposals (RFP).

Protest of Specifications or Proceedings Prior to Bid Opening Any actual or prospective Respondent who is aggrieved in connection with the solicitation of a contract or bid, may protest on the grounds or irregularities in specifications or bid procedure.

Protest of Recommended Award Any Respondent who is aggrieved in connection with the evaluation of bids, the evaluation of proposals, or the staff recommendation regarding award of a contract, provided that such Respondent would have been awarded the contract but for the aggrieved action, may protest such evaluation or award recommendation.

1.10.2 Filing a Protest

A written protest shall be considered filed when all related items are delivered to and received by the Procurement Services Division. All protests shall be directed to the attention of the Manager for Procurement Services.

For protests related to the specifications or proceeding of an IFB or RFP, a formal written protest must be filed no later than 72 hours (excluding weekends and holidays) after release of solicitation. Failure to timely file the written protest including the required protest bond/cashier’s check, shall constitute a waiver of such protest.

For protests related to the evaluation of bids, evaluation of proposals, or staff recommendation regarding award of a contract, a written notice of intent to protest must be filed with Procurement Services within 72 hours (excludes weekends and holidays) after posting of the intended recommendation regarding award, and a written protest, must be filed with the Procurement Services Division no later than 5:00 p.m., ET, on the seventh calendar day following the date on which the written notice of intent to protest was filed.

A weekend commences at 12:00 a.m., ET, on Saturday and ends at the same time on the following Monday. A holiday begins at 12:00 a.m., ET, on the observed holiday and ends at the same time on the following day. Such written protest shall state, with particularity the facts and grounds upon which the protest is based, and shall include references to applicable laws, statutes, ordinances, policies, or other authority on which the protest is based. Failure to timely file either the notice of intent or the written protest including the protest bond/cashier’s check, shall constitute a waiver of such protest.

1.10.3 Protest Bond

Any person who files a formal written protest, shall post with the Procurement Services Division, at the time of filing the formal written protest, a cashier’s check or bond payable to the City of Tallahassee in an amount equal to 1% of the City’s estimate of the total volume of the contract or $5,000, whichever is less.

1.10.4 Final Decision

The City Attorney or designee shall consider each protest and shall render a final determination. If the decision of the City Attorney or designee upholds the action taken by the City, then the City shall retain the amount in payment of a portion of the cost and expense, including but not limited to, time spent by City staff in responding to the protest and in conducting the evaluation of the protest. If the decision of the City Attorney or designee does not uphold the action taken by the City, then the City shall return that amount, without deduction, to the person or entity filing the protest.

1.10.5 Stay of Procurement During Bid Protest

In the event protest is filed in accordance with the bid protest procedures herein, Procurement Services shall not proceed further with the solicitation or award of the contract until the City Attorney or designee has rendered a written decision regarding the protest or until the City Manager or designee makes a written determination that continuation of the process and award of a contract without delay is necessary to protect the substantial interest of the City.

1.11 SELECTION PROCESS

Proposals will be placed into one of the following categories: Category 1 – Solar Generation, Category 2 – Solar Generation with Battery Energy Storage, and Category 3 – Standalone Battery Energy Storage.

Within each category, the Selection Committee will review and score all proposals received by the due date and determine the shortlisted firms (firms with the highest scores) using the selection criteria established for each category.

If deemed necessary, the Selection Committee will receive presentations and conduct interviews of the shortlisted firms in each category and establish final ratings (score) for each shortlisted firm in accordance with the scoring criteria established for this solicitation.

Within each category, shortlisted firms will be ranked by their final scores. The Selection Committee will decide which (if any) of the highest ranked proposals in each category will be recommended to move forward to the negotiation stage. Each category may have none, one, or more proposals recommended for negotiations. The City will post an Intent to Award for the recommended firms and seek City Commission approval to negotiate.

The contract for approved projects will be negotiated independently with the firm(s) selected by the City Commission. If negotiations are unsuccessful, the City reserves the right to withdraw the Intent to Award and further negotiations with that firm, as approved by City Commission.

1.12 CONFIDENTIALITY

By submitting a proposal in response to this solicitation, a respondent acknowledges that City is a governmental entity subject to the Florida Public Records Law (Chapter 119, Florida Statutes). The Respondent further acknowledges that any materials or documents provided to City may be "public records" and, as such, may be subject to disclosure to, and copying by, the public unless otherwise specifically exempt by statute. Should a Respondent provide City with any materials which it believes, in good faith, contain information which would be exempt from disclosure or copying under Florida law, the Respondent shall indicate that belief by typing or printing, in bold letters, the phrase "Proprietary Information" on the face of each affected page of such material.

The Respondent shall submit to the City both a complete copy of such material and a redacted copy in which the exempt information on each affected page, and only such exempt information, has been rendered unreadable. In the event a Respondent fails to submit both copies of such material, the copy submitted will be deemed a public record subject to disclosure and copying regardless of any annotations to the contrary on the face of such document or any page(s) thereof. Note, the City does not consider cost proposals to be proprietary and this information will be made public. Cost proposals marked as proprietary or confidential will not be evaluated and zero points will be given.

Should any person request to examine or copy any material so designated and provided the affected Respondent has otherwise fully complied with this provision, the City, in reliance on the representations of the Respondent, will produce for that person only the redacted version of the affected material. If the person requests to examine or copy the complete version of the affected material, City shall notify the Respondent of that request, and the Bidder/Respondent shall reply to such notification, in writing, received by City no later than 4:00 p.m., ET, of the second business day following Respondent’s receipt of such notification, either permitting or refusing to permit such disclosure or copying. Failure to provide a timely written reply shall be deemed consent to disclosure and copying of the complete copy of such material. If the Respondent refuses to permit disclosure or copying, the Respondent agrees to hold harmless and indemnify the City for all expenses, costs, damages, and penalties which may be incurred by City, or assessed or awarded against City, in regard to the City's refusal to permit disclosure or copying of such material. If litigation is filed in relation to such request and the Respondent is not initially named as a party, the Respondent shall promptly seek to intervene as a defendant in such litigation to defend its claim regarding the confidentiality of such material. This provision shall take precedence over any provisions or conditions of any proposal submitted in response to the RFP and shall constitute City's sole obligation with regard to maintaining confidentiality of any document, material, or information submitted to the City.

1.13 PROHIBITED COMMUNICATIONS/CONE OF SILENCE ORDINANCE 20-O-24

The Purchasing Agent/Procurement Officer identified in Section 1.2 and the Euna Procurement Contact section is the sole point of contact regarding this solicitation. All questions must be submitted in writing via the e-procurement system. Respondents to this solicitation or persons acting on their behalf may not contact any city commissioner, his or her staff or any evaluation committee members (evaluators) concerning any aspect of this solicitation, between the release of the solicitation until the City Commission or authorized designee awards or approves a contract, rejects all responses, or otherwise take action which ends the solicitation process. Violation of this provision shall result in disqualification of Respondent’s bids, proposals or replies, termination of any resulting contract and suspension or debarment.

1.14 TERMINATION

If the Respondent fails to fulfill any of its obligations under this Contract, or otherwise, through no fault of the City, such failure shall be considered a default and shall entitle, but not obligate, the City to suspend performance under or to terminate this Contract, in whole or in part, at the City's discretion, if the Respondent fails to cure such default within 30 days after receipt of a written notice thereof from the City. Furthermore, the City shall have the right to terminate this Contract, in whole or in part, without the Respondent being in default thereunder. Termination shall be affected by delivery to the Respondent of a written notice specifying whether termination is for the default of the Respondent or for the City's convenience, the extent to which services under this Contract are to be terminated, and the date upon which such termination becomes effective. After receipt of such written notice, and except as otherwise directed in writing by the City, the Respondent shall promptly stop work under this Contract on the date and to the extent specified in the notice, terminate all subcontracts to the extent that they relate to the performance of services terminated by the notice, and complete performance of such services as shall not have been terminated by the notice.

1.15 INDEMNIFICATION

The Respondent shall indemnify and hold harmless the City, and its officials, officers, and employees, from and against all claims for infringement of any United States Patent and all other claims, damages, losses, and expenses (including without limitation costs of defending the same and attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods, or equipment) which is caused in whole or in part by any breach of contract, act, or omission of the Respondent, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

In any and all claims against the City, or any of its agents or employees by any employee of the Respondent, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Respondent or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

1.16 CERTIFICATION OF DRUG-FREE WORKPLACE FORM

Respondents shall submit one accurately completed Certification of Drug-Free Workplace Form with their response certifying the Respondent has a drug-free workplace program. This document must be submitted with the proposal. Failure to comply with this requirement may result in disqualification.

1.17 LATE MODIFICATION/WITHDRAWAL OF SUBMITTALS

Modifications to proposal documents will not be allowed after the date and time scheduled for receipt of qualifications. However, complete exchange of proposals is acceptable, if accomplished before the date and time scheduled for receipt of proposals.

A Respondent may completely withdraw its submittal up to the time of contract award.

The Respondent must request the withdrawal in writing, signed by the Respondent's authorized representative. The submittal withdrawal will not prejudice the right of the Respondent to participate on other current or future City solicitations.

1.18 REVIEW AND APPROVAL OF CONTRACT STAFF

The City reserves the right to review for approval or denial the proposed key personnel and/or teams for their qualifications, experience, and expertise prior to any job and may, at its discretion, accept or reject proposed staff for a specific task. The City also reserves the right to request specific teams or individuals for specific tasks.

1.19 E-VERIFY

The Respondent, and its subcontractors, must register with and utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees, pursuant to Section 448.095, Florida Statutes.

Registration must take place prior to execution of this contract. If the Respondent enters into any agreement with a subcontractor for performance of services under this contract, the subcontractor must provide an affidavit to the Respondent which states that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens. The Respondent is required to maintain a copy of such affidavit throughout the term of this contract.

The Respondent agrees to adhere to the requirements of Section 448.095, Florida Statutes, and understands that failure to comply with the statute will result in termination of the contract. If such termination occurs, the Respondent will not be awarded another City contract for at least one year from the date of contract termination and will be liable for any additional costs incurred by the City as result of the contract termination.

1.20 CONFLICT OF INTEREST

The Respondent represents that it presently has no interest, and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Florida Statutes

112.311. The Respondent further represents that no person having any interest shall be employed for said performance.

The Respondent shall promptly notify the City of Tallahassee Procurement Office in writing (by certified mail or in EUNA PROCUREMENT) of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the Respondent’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Respondent may undertake and request an opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest.

The City agrees to notify the Respondent of its opinion by certified mail within thirty (30) days of receipt of the notification. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Respondent, the City shall so state in the notification and the Respondent shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City under the terms of this Contract.

1.21 SEVERABILITY

If any term or provision of this RFP and subsequent contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this RFP and subsequent Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this RFP and subsequent Contract shall be deemed valid and enforceable to the extent permitted by law.

1.22 REMEDIES

This RFP and subsequent Contract shall be governed by the laws of the State of Florida.

Venue for any litigation involving this RFP and subsequent contract shall be the Circuit Court in and for Leon County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

1.23 ENFORCEMENT COSTS

If any legal action or other proceeding is brought for the enforcement of this RFP and subsequent Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this RFP and subsequent Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

1.24 PURCHASES BY OTHER PUBLIC AGENCIES

With the consent and agreement of the successful Respondents, purchases/task assignments may be made under resultant contracts by other governmental agencies or political subdivisions within the State of Florida. Such purchases shall be governed by the same terms and conditions stated herein. This agreement in no way restricts or interferes with the right of any public agency or political subdivision to bid any or all of these items independently.

1.25 IF THE RESPONDENT HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

RESPONDENT'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT:

City Treasurer-Clerk, (850) 891-8130 records@talgov.com

Mailing Address:

City Hall 300 South Adams Street c/o Records Division, Box A-31 Tallahassee, Florida, 32301

1.26 SCRUTINIZED COMPANY LIST

In executing a resulting contract, Respondent certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., Respondent agrees the City may immediately terminate this contract for cause if the Respondent is found to have submitted a false certification or if Respondent is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract.

mailto:records@talgov.com

1.27 SUPPLIER PORTAL

As part of the City of Tallahassee’s (the City) paperless initiative, the City has launched a self-service business portal for vendors performing services on behalf of the City or providing commodities to the City. The Supplier Portal give vendors the power to update contact information, manage direct deposit banking information for faster payment, review past transaction history with the City and monitor pending purchase orders or invoices.

As part of the registration process, the City sends awarded vendor(s) an electronic invitation to register as a supplier on the Supplier Portal after the protest period ends.

The responsibility for maintenance of the vendor information on the Supplier Portal resides with the vendor and not the City.

• Failure to complete the online registration or to maintain current vendor information in the Supplier Portal may impact receipt of purchase orders as well as payment.

• For question or concerns about the Supplier Portal, contact the assigned purchasing agent or send an email to supplier@talgov.com.

1.28 COSTS INCURRED BY CONTRACTORS

The City will NOT be responsible for any costs incurred by any contractor at any time before the issuance of an executed contract.

1.29 FEDERAL PROVISIONS

This solicitation may involve, receive or utilize federal incentives, and the following terms and conditions may be part of the resulting Contract. The Respondent accepts and acknowledges that they may need to comply with certain federal terms and conditions for the term of the awarded Contract:

a. Equal Employment Opportunity (Appendix II 2 CFR Part 200.326(C)): All vendors, contractors, and subcontractors must comply with Executive Order 11246, entitled “Equal Employment Opportunity” as amended by Executive Order 11375, implementing regulations at 41 CFR Part 60. Applies to all construction contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3.

b. Copeland “Anti-Kickback” Act (Appendix II 2 CFR Part 200.326(D)): All vendors, contractors, and subcontractors must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR part 3). Applies to all contracts and sub grants for construction or repair.

c. Davis-Bacon Act (Appendix II 2 CFR Part 200.326(D)): All vendors, contractors, and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR part 5). Applies to all prime construction contracts in excess of $2,000 awarded by the City and sub grantees when required by Federal grant program legislation.

d. Contract Work Hours & Safety Standards Act (Appendix II 2 CFR Part 200.326(E)):

All vendors, contractors, and subcontractors must comply with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR part 5). Applies to all applicable contracts awarded by the City and sub grantees in excess of $100,000 that involve the employment of mechanics or laborers.

e. Access to Records (2 CFR Part 200.336): All vendors, contractors, and subcontractors shall give access to the City of Tallahassee, the appropriate Federal agency, Inspectors General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the vendor which is mailto:supplier@talgov.com directly pertinent to this specific solicitation for the purpose of making audit, examination, excerpts and transcripts.

f. Rights to Inventions Made Under a Contract or Agreement (Appendix II 2 CFR Part

200.326 (F)): The recipient or subrecipient must comply with the requirements of 37 CFR Part 401 and any implementing regulations issued by the awarding agency. Applies to Federal awards meeting the definition of “funding agreement” under 37 CFR §401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business Contractor or non-profit organization.

g. Clean Air Act (Appendix II 2 CFR 200.326(G)): All vendors, contractors, and subcontractors must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water pollution Control Act as amended (33 U.S.C. 1251-1387). Applies to contracts, subcontracts and sub grants for amounts in excess of $150,000.

h. Energy Efficiency (Appendix II 2 CFR 200.326(H)): All vendors, contractors, and subcontractors must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

i. Federal Debarment Certification (Appendix II 2 CFR Part 200.326(I): Certification regarding debarment, suspension, ineligibility, and voluntary exclusion as required by Executive Orders 12549 and 12689, Debarment and Suspension; and in accordance with 2 CFR Part 180, Section 300.

1. The prospective lower tier participant certifies, by submission and signature of this Proposal, that neither it, nor its principals, its agents or its representatives are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Proposal.

j. Anti-Lobbying Certification (2 CFR Part 220.326(I): Certification regarding use of Federal funds as required by Byrd Anti-Lobbying Amendment 31 U.S.C. 1352. This provision applies to varied at or above $100,000.

1. The Contractor certifies, by submission and signature of their Proposal, that during the term and after the awarded term of all contracts resulting from this procurement, it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment 31 U.S.C. 1352, including that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352.

2. Where funds other than Federal appropriated funds are used for such purpose in connection with obtaining any Federal award, the Contractor must disclose same.

k. Procurement of recovered materials (2 CFR §200.323): The non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Applies to items where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.

l. Records Retention: (2 CFR §200.334): Financial records, supporting documents, statistical records and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient.

m. Prohibition on Certain Telecommunications Equipment: (Appendix II 2 CFR §200.216): The non-federal entity is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is:

1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

2. Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes;

3. Telecommunications or video surveillance services provided by such entities or using such equipment; and

4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

n. Additional Considerations: Respondents may consider utilizing federal incentives to offset costs of project construction as applicable.