25-010P_-_Nexus_Center_Demountable_Walls.pdf

RFP No. 25-010P

Nexus Center Demountable Walls

Flagler County BoCC Procurement Division 1769 E. Moody Blvd Bunnell FL 32110 purchasing@flaglercounty.gov mailto:purchasing@flaglercounty.gov

TABLE OF CONTENTS

SECTION 1 Introduction and Scope of Work

SECTION 2, Instructions to Proposers

SECTION 3, Evaluation of Proposals

SECTION 4, Negotiation of the Agreement

SECTION 5, Insurance and Bond Requirements

ATTACHMENTS (Must be returned with proposal)

Attachment A, Acknowledgement of Addenda

Attachment B, Proposal Signature Form

Attachment C, Public Contracting and Environmental Crimes Certification

Attachment D, Insurance and Bond Requirements

EXHIBITS

Exhibit 1, Sample Contract

SECTION 1: BACKGROUND INFORMATION

Flagler County is requesting an experienced Demountable Partition Contractor/Fabricator (DPC) to provide demountable partitions, installation, and coordination of demountable partition systems as outlined and defined in the attached drawings and specifications for the Flagler County Nexus Center. These walls and doors would need to be installed Mid-May 2025.

1.01 SCOPE

The scope of work for this fabrication and installation of the demountable partition in this project will occur as part of the Fixture, Furniture, and Equipment (FF&E) package. The demountable partitions will be FF&E Package number 1 issued by this COUNTY. The scope of work for this portion of the project will include the following requirements for the successful DPC:

1. The partition systems will be modular and reconfigurable, offering flexibility in space planning and layout adjustments.

2. The partition systems must meet specified acoustic and aesthetic requirements while adhering to building codes and standards. These requirements are defined in the attached drawings and specifications.

3. The DPC must verify with the local Permitting Agency (Flagler COUNTY), if any, permits are required for this scope of the work. If permits are required, the DPC must submit all required signed and sealed drawings (as required) to the permitting agency for review and approval. The DPC is responsible for all permitting and application fees.

4. The DPC should review all attached drawings and specifications that outline the technical requirements for the project.

5. The DPC should coordinate with the Construction Manager (Ajax Building) and COUNTY for installation, schedule, and construction coordination concerns.

6. The scope will encompass detailed design coordination, site preparation, and final testing to ensure seamless integration with existing interiors.

7. The DPC should adhere to specifications included in this package.

8. The installed walls should include all warranties, including maintenance and care guidelines, to the

COUNTY.

9. The DPC should issue drawings and specifications outlining their understanding of the scope of work to the COUNTY prior to submittal to permitting agency for review and approval.

10. The DPC should investigate the as-built site prior to fabrication to ensure conditions match the design intent.

11. All doors will be Wood Doors

• Masonite Cendura Series.

• FPC-5 Rotary Cut Natural Birch

• Prefit and Machined for Hardware.

• Factory Pre-Finished Cocoa Bean Color.

The DPC should submit a schedule to the COUNTY and CM for review and approval.

SECTION 2, INSTRUCTIONS AND INFORMATION

Proposals will be accepted from a single business entity, joint venture, partnership or corporation.

Important: A prohibition of lobbying is in place. Review Section A.16 carefully to avoid possible sanctions.

2.01 DEADLINE FOR QUESTIONS AND CLARIFICATION REQUESTS

The deadline to submit all questions, inquiries, or requests concerning interpretation, clarification or additional information pertaining to this Request for Proposal is November 13th, 2024, at 5:00PM.

Questions and inquiries should be posted in the designated space for this solicitation in VendorLink at www.myvendorlink.com.

2.02 DESIGNATED PROCUREMENT CONTACT

The designated County Purchasing Division contact for this solicitation is Robert Rounds , email address:

rrounds@flaglercounty.gov

2.03 PROPOSAL DUE DATE

The Due Date and Time for submission of Proposals in response to this Request for Proposals (RFP) is November 21st, 2024, at 2:00 P.M. ET. Proposals must be delivered to the Flagler County BoCC (County) Procurement Division at the following location: 1769 East Moody Blvd., Building 2, 3rd Floor, Bunnell, FL 32110, and be time stamped by a Financial Services Department representative prior to the Due Date and Time. Proposals will be opened immediately following the Due Date and Time. Interested parties are invited to attend the opening.

Proposal(s) received after the Due Date and Time will not be considered. It will be the sole responsibility of the Proposer to deliver its proposal to the County Procurement Division for receipt on or before the Due Date and Time. If a proposal is sent by U.S. Mail, courier or other delivery services, the Proposer will be responsible for its timely delivery to the Procurement Division. Proposals delayed in delivery will not be considered, will not be opened at the public opening, and arrangements will be made for return of the proposal at the Proposer's expense.

2.04 PUBLIC OPENING OF PROPOSALS

Sealed proposals will be publicly opened at Flagler County Procurement Division Office, 1769 E. Moody.

Blvd., Bldg. 2, 3rd Floor, Bunnell, FL 32110, in the presence of County officials immediately upon expiration of the Due Date and Time. Interested parties may attend the proposal opening. Only the names of the business entities that submitted a proposal will be made known at the proposal opening. No review or analysis of the proposals will be conducted at the proposal opening.

2.05 SUBMISSION OF PROPOSALS

The contents of the proposal sealed package must include:

• One (1) bound paper original clearly identifying Proposer and marked “ORIGINAL”.

• Three (3) bound paper copy clearly identifying Proposer and marked “COPY” with all required information and identical to the original.

• One (1) electronic format copy(s) clearly identifying Proposer.

http://www.vendorlink.com/

Electronic format copies should be submitted on separate Universal Serial Bus (USB) portable flash memory drives in Microsoft Office® or Adobe Acrobat® portable document format (PDF) in one file that includes all required TAB sections shown in Exhibit 2 in a continuous file. Do not submit electronic format proposal with separate files for each TAB section. Do not password protect or otherwise encrypt electronic proposal copies. Electronic copies must contain an identical proposal to the ORIGINAL.

Submit the proposal package in a sealed container with the following information clearly marked on the outside of the package: the RFP number and title, Proposer’s name, and Proposer’s address. Proposals must be received by the Flagler County Procurement Division prior to the Due Date and Time at the following address:

Flagler County Purchasing Division 1769 E. Moody Blvd., Bldg. 2, 3rd Floor Bunnell, FL 32110

2.06 ORGANIZATION OF PROPOSALS

Proposals must be organized and arranged with tabs in the same order as listed in the subsections within Exhibit 2 identifying the response to each specific item.

Proposals must clearly indicate the legal name, address and telephone number of the Proposer.

Proposals must be signed by an individual authorized to make representations for the Proposer.

2.07 DISTRIBUTION OF SOLICITATION DOCUMENTS

All documents issued pursuant to this RFP are distributed electronically and available for download at no charge at www.myvendorlink.com.

Additionally, the RFP and all related documents are available for public inspection at the Flagler County Procurement Division, 1769 E. Moody Blvd., Bunnell, FL 32110. Call (386)313-4008 to schedule an appointment. Documents are available between the hours of 8:30 A.M. and 4:00 P.M., Monday through Friday, with the exception of County holidays.

2.08 ADDENDA

Any interpretations, corrections or changes to this RFP will be made by addenda. Addenda will be posted on the website of the County’s third-party notification provider, Vendor Link, at www.myvendorlink.com. All addenda are a part of the RFP and each Proposer will be bound by such addenda. It is the responsibility of each Proposer to read and comprehend all addenda issued. Failure of any Proposer to acknowledge an issued addendum in its Proposal will not relieve the Proposer from any obligation contained therein.

2.09 PROPOSAL EXPENSES

All costs incurred by Proposer in responding to this RFP and to participate in any interviews/presentations/demonstrations, including travel, will be the sole responsibility of the Proposer.

2.10 QUESTION AND CLARIFICATION PERIOD

Each Proposer shall examine all RFP documents and will judge all matters relating to the adequacy and accuracy of such documents. Any questions or requests concerning interpretation, modification, clarification or additional information pertaining to this RFP shall be made in Vendorlink.

If the Proposer requests modifications to the RFP documents, the Proposer must provide detailed justification for each modification requested. The County will determine what changes will be acceptable to the County and changes approved by the County will be issued in a written addendum.

Flagler County will not be responsible for oral interpretations given by other sources including County staff, representative, or others. The issuance of a written addendum by the Procurement Division is the only official method whereby interpretation, clarification or additional information will be given.

2.13 FALSE OR MISLEADING STATEMENTS

Proposals which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Proposer, may be rejected. If, in the opinion of the County, such information was intended to mislead the County in its evaluation of the proposal, and the attribute, condition or capability is a requirement of this RFP. Such Proposer will be disqualified from consideration for this RFP and may be disqualified from submitting a response on future solicitation opportunities with the County.

2.14 WITHDRAWAL OR REVISION OF PROPOSALS

Proposers may withdraw Proposals under the following circumstances:

a. If the Proposer discovers a mistake(s) prior to the Due Date and Time. The proposer may withdraw its proposal by submitting a written notice to the Procurement Division. The notice must be received in the Procurement Division prior to the Due Date and Time for receiving proposals. A copy of the request shall be retained, and the unopened proposal returned to the Proposer; or

b. After the Proposals are opened but before a contract is signed, Proposer alleges a material mistake of fact if:

1. The mistake is clear in the solicitation document; or

2. Proposer submits evidence which clearly and convincingly demonstrates that a mistake was made in the Proposal. Request to withdraw a Proposal must be in writing and approved by the Procurement Official.

2.15 JOINT VENTURES

Proposers intending to submit a proposal as a joint venture with another entity are required to have filed proper documents with the Florida Department of Business and Professional Regulation and all other State or local licensing agencies as required by Florida Statute Section 489.119, prior to the Due Date and Time.

2.16 LOBBYING

After the issuance of any solicitation, no prospective Proposers, or their agents, representatives or persons acting at the request of such Proposer, shall contact, communicate with or discuss any matter relating in any way to the solicitation with any County officers, agents or employees, other than the Procurement Division representatives, unless otherwise directed by the Procurement Manager or designee. This prohibition includes copying such persons on written communications (including email correspondence) but does not apply to presentations made to evaluation committees or at a County Commission meeting where the Commission is considering approval of a proposed contract/purchase order. This requirement ends upon final execution of the contract/purchase order or at the time the solicitation is cancelled. Violators of this prohibition will be subject to sanctions. Sanctions may include (a) written warning; (b) termination of contracts; and (c) debarment or suspension.

2.17 EXAMINATION OF PROPOSALS

The examination and evaluation of the proposals submitted in response to this solicitation generally requires a period of not less than sixty (60) calendar days from the Due Date and Time.

2.18 ERRORS OR OMISSIONS

Once a proposal is opened, the County will not accept any request by Proposer to correct errors or omissions in the proposal other than as identified in paragraph A.10.

2.19 DETERMINATION OF RESPONSIBLENESS AND RESPONSIVENESS

The County will conduct a due diligence review of all proposals received to determine if the Proposer is responsible and responsive.

To be responsive a Proposer must submit a proposal that conforms in all material respects to the requirements of this RFP and contains all the information, fully completed attachments and forms, and other documentation required. Proposals that are deemed non-responsive will not be considered or evaluated.

To be responsible, a Proposer must meet the minimum qualification requirements in Exhibit B and have the capability and capacity to perform the Scope of Services contained in this RFP. Proposals submitted by Proposers that are deemed non-responsible will not be considered or evaluated.

2.20 RESERVED RIGHTS

The County reserves the right to accept or reject any and all proposals, to waive irregularities and technicalities, to request additional information and documentation, and to cancel this solicitation at any time prior to the execution of the contract. In the event only one proposal is received, the County reserves the right to negotiate with the Proposer. The County reserves the right to award the contract to a responsive and responsible Proposer which in its sole determination is the best value and in the best interests of the County.

The County reserves the right to investigate as it deems necessary to determine the ability of any Proposer to perform the work or service requested. Upon request by the County, the Proposer shall provide all such information to the County. Additional information may include, but will not be limited to, current financial statements prepared in accordance with generally accepted accounting practices and certified by an independent CPA or official of Proposer; verification of availability of equipment and personnel; and past performance records.

2.21 APPLICABLE LAWS

The proposer must be authorized to transact business in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Flagler County will apply to any resulting contract. This solicitation process will be conducted in accordance with the Flagler County Code of Ordinances.

2.22 TAXES

Flagler County is exempt from Federal Excise and State Sales Taxes. (F.E.T. Cert. No. 59-78-0089K;

Florida Sales Tax Exempt Cert. No. 85-8012622206C-6). Therefore, the Proposer is prohibited from delineating a separate line item in its proposal for any sales or service taxes.

The successful Proposer will be responsible for the payment of taxes of any kind, including but not limited to sales, consumer, use, and other similar taxes payable on account of the work performed and/or materials furnished under the award in accordance with all applicable laws and regulations.

2.23 SCRUTINIZED COMPANIES

Pursuant to Florida Statute Section 287.135, as of July 1, 2012, a company that, at the time of submitting a response for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Florida Statute Section 215.473, is ineligible for, and may not submit a response for or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.

2.20 COLLUSION

Proposer certifies that its Proposal is made without prior understanding, agreement, or connection with any other corporation, firm or person submitting a Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud.

Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal of Proposer from participation in future County solicitations for a specified period.

The County reserves the right to disqualify a Proposer during any phase of the solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud on the part of the Proposer.

2.21 CODE OF ETHICS

With respect to this proposal, if any Proposer violates, directly or indirectly, the ethics provisions of the Flagler County Code and/or Florida criminal or civil laws related to public procurement, including but not limited to Florida Statutes Chapter 112, Part II, Code of Ethics for Public Officers and Employees, such Proposer will be disqualified from eligibility to perform the work described in this RFP and may also be disqualified from submitting any future bids or proposals to supply goods or services to Flagler County.

2.22 PUBLIC ENTITY CRIMES

In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not 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 public work, may not submit proposals on leases or real property to a public entity, may not be awarded or perform work as a Proposer, Proposer, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

In addition, Flagler County Code of Laws Chapter 2-26 Article V prohibits the award of County contracts to any person or entity who/which has, within the past 5 years, been convicted of, or admitted to in court or sworn to under oath, a public entity crime or of any environmental law that, in the reasonable opinion of the Procurement Official, establishes reasonable grounds to believe the person or business entity will not conduct business in a reasonable manner.

To ensure compliance with the foregoing, Flagler County Code of Laws requires all persons or entities desiring to contract with Flagler County to execute and file with the Purchasing Official an affidavit, executed under the pain and penalties of perjury, confirming that person, entity, and any person(s) affiliated with the entity, does not have such a record and is therefore eligible to seek and be awarded business with Flagler County. The proposer is to complete Attachment B and submit with its Proposal.

2.23 AMERICANS WITH DISABILITIES

Flagler County does not discriminate against the basis of any individual's disability status. This non-discrimination policy involves every aspect of the County’s functions including one's access to participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation for an information conference or proposal opening should contact the person named on the cover page of this document at least twenty-four (24) hours in advance of either activity.

2.24 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with Title VI of the Civil Rights Act of 1964, Title 15, Part 8 of the Code of Federal Regulations and the Civil Rights Act of 1992, Flagler County hereby notifies all Proposers that it will affirmatively ensure minority business enterprises are afforded full opportunity to participate in response to this Request For Proposal and will not be discriminated against on the grounds of race, color, national origin, religion, sex, age, handicap, or marital status in consideration of award.

2.25 MINORITY AND/OR DISADVANTAGED BUSINESS ENTERPRISE

The State of Florida Office of Proposer Diversity provides the certification process and maintains the database of certified MBE/DBE firms. Additional information may be obtained at https://www.dms.myflorida.com/agency_administration/office_of_Contractor_diversity_osd/get_certified.

2.26 LOCAL PREFERENCE

For procurement in which a Request for Proposals is developed with evaluation criteria, a local preference of not more than five (5) percent of the total score will be assigned. The percentage that will be assigned for local preference will be established prior to the issuance of the Request for Proposals and will be included in the evaluation criteria.

2.27 DISCLOSURE

Upon receipt, all inquiries and responses to inquiries related to this Request for Proposal become “Public Records” and shall be subject to public disclosure consistent with Florida Statute, Chapter 119.

Proposals become subject to disclosure thirty (30) days after the opening or if a notice of intent to award decision is made earlier than this time as provided by Florida Statutes § 119.071(1)(b). No announcement or review of the proposals shall be conducted at the public opening.

If County rejects all proposals and concurrently notices its intent to reissue the solicitation, the rejected proposals are exempt from public disclosure until such time the County provides notice of an intended decision concerning the reissued solicitation or until County withdraws the reissued solicitation. A proposal is not exempt for longer than twelve (12) months after the initial notice of rejection of all proposals.

Pursuant to Florida Statute 119.0701, to the extent successful Proposer is performing services on behalf of County, successful Proposer must:

a. Keep and maintain public records required by public agency to perform the service. That information and data it manages as part of the services may be public record in accordance with Chapter 119, Florida Statutes and Flagler County public record policies. Proposer agrees, prior to providing goods/services, it will implement policies and procedures, which are subject to approval by County, to maintain, produce, secure, and retain public records in accordance with applicable laws, regulations, and County policies including but not limited to Section 119.0701, Florida Statutes.

b. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119, or as otherwise provided by law.

c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the successful Proposer does not transfer the records to the public agency.

d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Proposer or keep and maintain public records required by the public agency to perform the service. If the successful Proposer transfers all public records to County upon completion of the contract, the successful Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the successful Proposer keeps and maintains public records upon completion of the contract, the successful Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from County’s custodian of public records, in a format that is compatible with the information technology systems of County.

IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS

CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: PH: (386) 313-4001:

EMAIL: PUBLICRECORDS@FLAGLERCOUNTY.GOV,

MAIL: FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS, ATTN: ADMINISTRATION, 1769

E. MOODY BLVD, BLDG 2, BUNNELL, FL 32110.

2.28 TRADE SECRETS

Flagler County is subject to Chapter 119, Florida Statutes. Therefore, all documents, materials, and data submitted as part of a Proposal in response to a Request for Proposal are governed by the disclosure, exemption and confidentiality provisions relating to public records in Florida Statutes.

Notwithstanding any other provision in this solicitation, the designation of the entire proposal as trade secret, proprietary, or confidential, is not permitted and may result in a determination that the Proposal is non-responsive and therefore the proposal will not be evaluated or considered.

Except for materials that are ‘trade secrets’ as defined by Chapter 812, Florida Statutes, ownership of all documents, materials and data submitted as part of a Proposal in response to the Request for Proposal shall belong exclusively to County.

To the extent that Proposer desires to maintain the confidentiality of materials that constitute trade secrets pursuant to Florida law, trade secret material submitted must be segregated from the portions of the Proposal that are not declared as trade secret. In addition, the Proposer shall cite, for each trade secret claimed, the Florida Statute number which supports the designation. Further, Proposer shall offer a brief written explanation as to why the cited Statute is applicable to the information claimed as trade secret.

Additionally, Proposer shall provide a hard copy of its Proposal that redacts all information designated as trade secret.

In conjunction with trade secret designation, Proposer acknowledges and agrees that:

1. Trade secret requests made after the opening will not be considered. However, the County reserves the right to clarify the Proposers request for trade secrets at any time; and

2. The county and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss the information designated as trade secret throughout the evaluation process and until final execution of any awarded purchase order or contract; and

3. After notice from County that a public records request has been made pursuant to Proposer’s proposal, the Proposer at its sole expense, shall be responsible for defending its determination that submitted material is a trade secret and is not subject to disclosure. Action by Proposer in response to notice from the County shall be taken immediately, but no later than 10 calendar days from the date of notification or Proposer will be deemed to have waived the trade secret designation of the materials.

Offeror shall indemnify and hold the County, and its officials, employees, agents and representatives harmless from any actions, damages (including attorney’s fees and costs), or claims arising from or related to the designation of trade secrets by the Proposer, including actions or claims arising from County’s non-disclosure of the trade secret materials.

2.29 CONFIDENTIALITY OF SECURITY RELATED RECORDS

a. Pursuant to Florida Statutes § 119.071(3), the following records (hereinafter referred to collectively as “the Confidential Security Records”) are confidential and exempt from the disclosure requirements of Florida Statutes § 119.07(1):

i. A Security System Plan or portion thereof for any property owned by or leased to County or any privately owned or leased property held by County.

ii. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by County.

iii. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, or hotel or motel development in the possession of, submitted to County.

b. Successful Proposer agrees that, as provided by Florida Statute, it shall not, as a result of a public records request, or for other reason disclose the contents of, or release or provide copies of the Confidential Security Records to any other party absent the express written authorization of County’s Property Management Director or to comply with a court order requiring such release or disclosure. To the extent successful Proposer receives a request

c. for such records, it shall immediately contact the County’s designated Contract administrator who shall coordinate County’s response to the request.

2.30 E-VERIFY

Prior to the employment of any person under this contract, the successful Proposer shall utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the employment eligibility of (a) all persons employed during the contract term by the successful Proposer to perform employment duties within Florida and (b) all persons, including subcontractors, assigned by the successful Proposer to perform work pursuant to the contract with Flagler County. For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/.

Only those individuals determined eligible to work in the United States shall be employed under this contract.

By submission of a proposal in response to this RFP, the successful Proposer commits that all employees and subcontractors will undergo e-verification before placement on this contract.

http://www.uscis.gov/

The successful Proposer shall maintain sole responsibility for the actions of its employees and subcontractors. For the life of the contract, all employees and new employees brought in after contract award shall be verified under the same requirement stated above.

2.31 LICENSES AND PERMITS

The successful Proposer shall be solely responsible for obtaining all necessary license and permit fees, including, but not limited to, all license fees, permit fees, impact fees, or inspection fees, and responsible for the costs of such fees. Successful Proposer is solely responsible for ensuring all work complies with all Federal, State, local, and Flagler County ordinances, orders, codes, laws, rules, regulations, directives, and guidelines.

2.32 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

Any person or entity that performs or assists the County with a function or activity involving the use or disclosure of “individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA mandates for privacy, security, and electronic transfer standards include, but are not limited to:

a. Use of information only for performing the services required by the contract or as required by law.

b. Use of appropriate safeguards to prevent non-permitted disclosures.

c. Reporting to the County any non-permitted use or disclosure.

d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Proposer and reasonable assurances that IIHI/PHI will be held confidential.

e. Making PHI available to the customer.

f. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer.

g. Making PHI available to the County for an accounting of disclosures; and

h. Making internal practices, books, and records related to PHI available to the County for compliance audits.

PHI shall maintain its protected status regardless of the form and method of transmission (paper records and/or electronic transfer of data). The selected Proposer must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information.

2.33 BINDING OFFER

Proposals will remain valid for a period of 120 days following the Due Date and Time and will be considered a binding offer to perform the required services and/or provide the required goods. The submission of a Proposal will be taken as prima facie evidence that the Proposer has familiarized itself with the contents of this Solicitation

2.34 PROTEST

Any actual bidder, proposer, or Proposer who is aggrieved in connection with the notice of intent to award of a contract with a value equal to or greater than $50,000 where such grievance is asserted to be the result of a violation of the requirements of the Flagler County Procurement Code or any applicable provision of law by the officers, agents, or employees of the County, may file a protest to the Purchasing Manager.

Protest must be in writing and delivered via email at purchasing@flaglercounty.gov or by hand delivery to the Procurement Division. For additional information regarding the County protest process, visit the Procurement Division webpage on the County website.

2.35 ACCESSIBILITY

The County is committed to making its documents and information technologies accessible to individuals with disabilities by meeting the requirements of Section 508 of the Rehabilitation Act and best practices (w3C WCAG 2). For assistance with accessibility regarding this solicitation, contact the Flagler County Procurement Division via email at purchasing@flaglercounty.gov or by phone at 386-313-4008.

Successful Proposer shall ensure all its electronic information, documents, applications, reports, and deliverables required under the Agreement are in a format that meets the requirements of Section 508 of the Rehabilitation Act and best practices (W3C WCAG 2).

Where not fully compliant with these requirements and best practices, Successful Bidder shall provide clear points of contact for each document and information technology to direct users in how to obtain alternate formats. Further, successful Bidder shall develop accommodation strategies for those non-compliant resources and implement strategies to resolve the discrepancies.

2.36 PURCHASING COOPERATIVE

It is the intent of this RFP to include requirements and to obtain proposals on behalf of Flagler County.

Further it authorizes other public sector entities to obtain goods and services utilizing the terms, conditions and pricing of this RFP. This opportunity is also made available to all public sector entities, pursuant to their own governing laws, and subject to the agreement of the supplier. Flagler County will not be financially responsible for the purchases of other public agencies utilizing this RFP and any resulting contract or purchase order.

2.37 SOLICITATION SCHEDULE

The following schedule has been established for this Solicitation process. Refer to the Procurement Division webpage on the County’s website www.flaglercounty.gov for meeting locations. Any updated information pertaining to any revisions to this schedule will be transmitted via addendum and posted on Vendor Link at www.myvendorlink.com.

Scheduled Item Scheduled Date Question and Clarification Deadline November 13th, 2024, 5:00PM

Final Addendum Posted November 15th, 2024 Proposal Due Date and Time November 21st, 2024, by

2:00 P.M., ET

Technical Evaluation Meeting First week of December Projected Award January 2025 Board

Meeting mailto:purchasing@flaglercounty.gov mailto:purchasing@flaglercounty.gov http://www.flaglercounty.gov/

SECTION 3, EVALUATION OF PROPOSALS

3.01 EVALUATION

An evaluation of proposals will be conducted by an evaluation committee. Each evaluation committee member will evaluate, score and rank the proposals for each of the evaluation criteria.

The committee may final rank Proposals without conducting interviews, presentations, and/or demonstrations with Proposers. Therefore, each Proposer must ensure that its proposal contains all of the information requested in this RFP and reflects Proposer’s best offer.

The committee will consider all information submitted by each responsible and responsive Proposer, clarification information provided by Proposer, information obtained during the interview/presentation/demonstration, feedback received from Proposer’s references, and any other relevant information received during any investigation of Proposer, to ascertain the ability of the Proposer(s) to perform the scope of services as stated in this RFP.

3.02 EVALUATION CRITERIA

The following evaluation criteria have been established for this RFP.

Criteria Maximum Score Proposer & Team's Experience 25 Capacity 20 Approach 20 Fee Proposal 40

Cost will be converted to points after making any adjustments for reciprocal preference. The proposal with the lowest cost receives the maximum points allowed. All other proposals receive a percentage of the points available based on their cost relationship to the lowest cost proposal.

Divide the lowest cost proposal received by the cost of the proposal being rated and multiply the results by the maximum points. The result is the awarded points. This is determined by applying the following formula:

Price of Lowest Cost Proposal x Maximum points available = Awarded Price Points Example: The figures below are used for example purposes only. It is not representative of or suggestive of proposed costs. The total points available for cost in the RFP is forty (40) points. The cost of the lowest acceptable proposal is $100,000. Therefore, the lowest proposal cost of $100,000 would be awarded forty (40) points. The second lowest acceptable proposal submitted a cost of $125,000. The second lowest proposal cost of $125,000 would be awarded thirty-two (32) points.

3.03 CLARIFICATIONS/INTERVIEWS /PRESENTATIONS/ DEMONSTRATIONS

As part of the evaluation process the evaluation committee may request additional information or clarification from Proposers for the purpose of further evaluation of (a) conformance to the solicitation requirements, (b) the abilities of the Proposer, and (c) understanding of the proposal submitted. Additional information and/or clarification must be submitted by Proposer within the requested time-period.

Additionally, interviews, presentations and/or demonstrations may be conducted with Proposers as part of the evaluation process. If conducted, the evaluation committee will make a determination of those proposals that are deemed by the committee as having a reasonable probability of being selected for award. The Proposers for this ‘short-list’ of proposals will be invited to meet with the committee. Proposers should make arrangements to attend the interviews, presentations and/or demonstrations if invited. The interviews, presentations and/or demonstrations are closed to the public to the extent permitted by law.

The evaluation committee may final rank proposals without conducting clarifications, interviews, presentations and/or demonstrations. Therefore, each Proposer must ensure that its proposal contains all the information requested.

3.04 BEST AND FINAL OFFER (BAFO)

The County may request a BAFO if additional information or modified proposals are necessary for the evaluation committee to complete its evaluation and ranking. The information received from the BAFO will be used by the evaluation committee to re-evaluate and re-rank the Proposers.

3.05 SCORING/RANKING OF PROPOSALS

The evaluation committee will determine from the responses to this RFP and subsequent investigation as necessary, the Proposer(s) whose proposal(s) best meets the County’s requirements and recommend the County enter into negotiations for an agreement.

In its review, the evaluation committee may take some or all of the following actions:

a. Review all responses pursuant to the evaluation factors stated herein,

b. Short list Proposers to be further considered in oral interview/presentation/product demonstrations,

c. Recommend commencement of negotiations to the Board,

d. Reject all proposals received and cancel the Request for Proposal,

e. Receive written clarification of proposal.

RFP NO. NUMBER

SECTION 4, NEGOTIATION OF THE AGREEMENT

4.01 GENERAL

a. The proposal will serve as a basis for negotiating an agreement.

b. Upon submission, all proposals become the property of Flagler County which has the right to use any or all ideas presented in any proposal submitted in response to this Request for Proposal whether, or not, the proposal is accepted.

c. All products and papers produced by Proposer and submitted to the County during the solicitation process become the property of Flagler County.

4.02 NEGOTIATION

The evaluation committee will make a recommendation as to the Proposer which the County should enter into negotiations, if any. Upon approval of the recommendation, the successful Proposer will be invited to enter negotiations led by the County Purchasing Division. These negotiations are generally relative to the scope of work/services to be provided and any associated costs.

The County will publicly notice the Intent to Negotiate prior to commencing negotiations.

4.03 RECOMMENDATION FOR AWARD

Upon successful completion of negotiations, a recommendation for award to the successful Proposer(s) will be presented for approval per County ordinances, policies and procedures.

4.04 AGREEMENT

The successful Proposer(s) will be required to enter into an agreement in a form and with the terms and conditions contained in Exhibit C, Sample Agreement, attached hereto. agreement may, or may not, include all elements of this RFP or the resulting successful Proposer’s Proposal where alternatives provide best value, are desirable to the County, and the parties agree to such terms.

4.06 AWARD

The County does not make award to a Proposer who is delinquent in payment of any taxes, fees, fines, contractual debts, judgments, or any other debts due and owed to County, or is in default on any contractual or regulatory obligation to the County. By submitting this solicitation response, Proposer attests that it is not delinquent in payment of any such debts due and owed to County, nor is it in default on any contractual or regulatory obligation to County. In the event the Proposer’s statement is discovered to be false, Proposer will be subject to suspension and/or debarment and County may terminate any contract it has with Proposer.

The award of an agreement is subject to the approval of either the Purchasing Manager or the Board of County Commissioners, as provided for in the current Flagler County Procurement Policy.

END SECTION C

ATTACHMENT A, ACKNOWLEDGMENT OF ADDENDA

RFP NO. _25-010P_________

The undersigned acknowledges receipt of the following addenda:

Addendum No. _____ Date Received:

Print or type Proposer’s information below:

Name of Proposer Signature of Authorized Official Date

City/State/Zip Print Name & Title of Authorized Official

ATTACHMENT B, PROPOSAL SIGNATURE FORM

RFP NO. NUMBER

The undersigned represents that:

(1) By signing the proposal, he/she has the authority and approval of the legal entity purporting to submit the proposal and any additional documentation which may be required such as the Joint Venture Agreement or Joint Venture Affidavit, if applicable.

(2) All facts and responses set forth in the proposal are true and correct.

(3) If the Proposer is selected by County to negotiate an agreement, Proposer’s negotiators will negotiate in good faith to establish an agreement to provide the services described in the Scope of Services of this RFP;

(4) by submitting a proposal and signing below, the Proposer agrees to all terms and conditions in this RFP, which incorporates all addenda, appendices, exhibits, and attachments, in its entirety, and is prepared to sign the Contract as written. The Respondent understands that if it submits exceptions to the Contract in its Response, the Respondent’s Response may be determined non-responsive; and

(5) the Proposer, which includes all companies included in a partnership or joint venture, is not on the Scrutinized Companies List.

Print or type Proposer’s information below:

Name of Proposer Telephone Number

Street Address City/State/Zip

Print Name & Title of Authorized Officer Signature of Authorized Officer Date

ATTACHMENT C, PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION - RFP NO. 25- 010P

SWORN STATEMENT PURSUANT TO FLAGLER COUNTY PROCUREMENT CODE, SECTION 2-26 ARTICLE V. THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER

OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to Flagler County by ________________________________.

[print individual's name and title] For [name of entity submitting sworn statement] whose business address is:

and (if applicable) its Federal Employer Identification Number (FEIN) is . If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:

I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement of goods or services (including professional services) or a county lease, franchise, concession or management agreement, or shall receive a grant of county monies unless such person or entity has submitted a written certification to the County that it has not:

(1) been convicted of bribery or attempting to bribe a public officer or employee of Flagler County, the State of Florida, or any other public entity, including, but not limited to the Government of the United States, any state, or any local government authority in the United States, in that officer's or employee's official capacity; or

(2) been convicted of an agreement or collusion among proposers or prospective proposers in restraint of freedom of competition, by agreement to bid a fixed price, or otherwise; or

(3) been convicted of a violation of an environmental law that, in the sole opinion of the County's Purchasing Manager, reflects negatively upon the ability of the person or entity to conduct business in a responsible manner; or

(4) made an admission of guilt of such conduct described in items (1), (2) or (3) above, which is a matter of record, but has not been prosecuted for such conduct, or has made an admission of guilt of such conduct, which is a matter of record, pursuant to formal prosecution. An admission of guilt shall be construed to include a plea of nolo contendere; or

(5) where an officer, official, agent or employee of a business entity has been convicted of or has admitted guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or authorization of an official thereof (including the person committing the offense, if he is an official of the business entity), the business shall be chargeable with the conduct herein above set forth. A business entity shall be chargeable with the conduct of an affiliated entity, whether wholly owned, partially owned, or one which has common ownership or a common Board of Directors.

For purposes of this Form, business entities are affiliated if, directly or indirectly, one business entity controls or has the power to control another business entity, or if an individual or group of individuals controls or has the power to control both entities. Indicia of control shall include, without limitation, interlocking management or ownership, identity of interests amount family members, shared organization of a business entity following the ineligibility of a business entity under this Article, or using substantially the same management, ownership or principles as the ineligible entity.

Any person or entity who claims that this Article is inapplicable to him/her/it because a conviction or judgment has been reversed by a court of competent jurisdiction, shall prove the same with documentation satisfactory to Flagler County's Purchasing Manager. Upon presentation of such satisfactory proof, the person or entity shall be allowed to contract with Flagler County.

I UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE PROCUREMENT DIVISION OR THE COUNTY ADMINISTRATOR

DETERMINES THAT SUCH PERSON OR ENTITY HAS MADE FALSE CERTIFICATION.

Signature of Proposer’s Representative

STATE OF

COUNTY OF

Sworn to and subscribed before me this day of , 20 by . ☐ Personally known OR ☐ Produced the following identification

[Type of identification]

Notary Public Signature

My commission expires

[Print, type or stamp Commissioned name of Notary Public]

Signatory Requirement - In the case of a business entity other than a partnership or a corporation, this affidavit shall be executed by an authorized agent of the entity. In the case of a partnership, this affidavit shall be executed by the general partner(s). In the case of a corporation, this affidavit shall be executed by the corporate president.

ATTACHMENT D, INSURANCE AND BOND REQUIREMENTS - RFP NO. 25-010P

The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the County harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the County from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its…