25-25_-_Traffic_Engineering_and_Transportation_Planning_Consulting_Services.pdf

REQUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT

FORM

POSTING DATE: September 30, 2025 PURCHASING CONTACT & EMAIL:

Susan Perry, Purchasing Coordinator sperry@debary.org

RFQ NUMBER AND TITLE:

25-25 - Traffic Engineering and Transportation Planning Consulting Services

RFQ DUE DATE & TIME:

October 24, 2025, at 2:00 PM EST

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

QUESTION DEADLINE:

October 9, 2025, at 2:00 PM EST

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

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

AGENT OF THE PROVIDER.

COMPANY NAME:

MAILING ADDRESS:

CITY, STATE, ZIP:

FEDERAL EMPLOYERS' IDENTIFICATION NUMBER (FEIN):

TELEPHONE NUMBER: FACSIMILE NUMBER:

EMAIL:

AUTHORIZED SIGNATURE: TYPE OR

PRINTED NAME:

TITLE: DATE:

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

RFQ SUBMITTAL CHECKLIST

The following documents must be submitted in the Firm’s RFQ submission:

Request for Qualification and Firms Acknowledgement – page #1

Exhibit A - Drug-free Workplace Certification

Exhibit B - Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion –

Lower Tier Covered Transactions

Exhibit C - Byrd Anti-Lobbying Amendment Certification

Exhibit D - Contractor’s Statutory Compliance Affidavit

Exhibit E - Confidential Information Itemization Log (If Applicable)

Exhibit F - Major Subcontractors (If Applicable)

Exhibit G - Evidence of Experience and Financial Status

Exhibit H - Conflict of Interest Disclosure Form

Exhibit I - Officers and Significant Stakeholders

Certificate of Insurance

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

If a Non-Florida Corporation, a screenshot of “ACTIVE” status from the state in which the business was formed

All Addenda (if applicable)

Copy of current Florida Professional Registration Certificate for general Firms

Copy of certification for proper incorporation or registration from Florida Secretary of State http://www.sunbiz.org/

OVERVIEW AND INTENT

Overview

The City of DeBary, Florida, a municipal corporation existing under the laws of the State of Florida, herein after also referred to as the "City", pursuant to the requirements set forth in the Consultant Competitive Negotiations Act (CCNA), Section 287.055, Florida Statutes hereby announces that it is accepting written proposals from all qualified firms or individuals interested in providing the services generally described herein and as specified in the "Scope of Services" of this REQUEST FOR QUALIFICATIONS (RFQ) document. The successful proposer(s) must demonstrate their qualifications, experience, availability, approach and work plan which will best serve the overall needs of the City.

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

Solicitation Posting 9/30/2025 Advertise in Local Newspapers 9/30/2025 Request for Information cut-off 10/9/2025 Proposals Due 10/24/2025 Proposal Evaluation 10/27/2025 City Council Approval Date 11/19/2025

SCOPE OF WORK OR SERVICES

The City of DeBary’s Growth Management and Engineering Department is seeking qualified consulting firms to perform the following, but not limited to:

1. Prepare and/or update Mobility Plans for specific areas of the City and the City as a whole.

2. Prepare and or/update Mobility Fee Schedules.

3. School Zone, Residential, and Neighborhood Traffic Management

4. Traffic Operations & Analysis

5. Safety and Crash Analysis

6. Multimodal, Pedestrian & Complete Streets Planning and Design

7. Traffic Control Devices Design

8. Public Engagement & Stakeholder Coordination

9. Transportation Planning & Policy Support

10. Traffic Impact & Development Review

11. Construction Support and Field Services

12. Regional Coordination, Resiliency & Incident Management Planning

13. Growth Management & Redevelopment Support

14. Data & Technology Integration (Smart Mobility & ITS)

1. Term of Agreement

It is anticipated an Agreement will be awarded for a three (3) year term to begin upon approval and execution of the Contracts awarded by the City; with the opportunity for additional two (2) one (1) year renewal periods when in the best interest of the City. The decision to seek renewals or extend the contract shall be at the sole discretion of the City. This schedule is tentative and subject to change.

A. Continuing Consultants Competitive Negotiation Act (CCNA) contracts are limited to projects in which construction cost do not exceed $7.5 million and when the fee for professional services does not exceed $500,000.00, pursuant to Florida Statute 287.055(2)(g), or as amended.

B. The Consultant may not commence services until after execution of the agreement and approval of all required documentation.

C. The City reserves the right to re-negotiate rates based on current market conditions during the term of the awarded agreement.

2. Minimum Requirements and Experience The following mandatory minimum requirements have been established, subject to the City's right to waive minor irregularities. The Proposer's submittal must demonstrate both sufficient experience and an approach to work to address the requirements outlined in the scope to provide turnkey Professional Services.

A. The Proposer must be certified to practice engineering in the State of Florida pursuant to the provisions of Chapter 471, Florida Statutes. For other proposed professional services, such as surveying and architecture, as applicable, the Proposer must be certified to practice in the State of Florida pursuant to the applicable provisions of the Florida Statutes for those services.

B. The Proposer shall have been in business for a minimum of three (3) consecutive years and shall currently be licensed to perform services within the State of Florida. This requirement shall be based on the Solicitation's due date. Copies of documentation demonstrating meeting this minimum requirement shall be submitted with your response. Examples of documentation may include, but not be limited to; local business tax receipts for three (3) years, corporation documents with date of inception, certificate of authority, etcetera.

C. It is preferable that the Traffic Engineering Professional has experience providing engineering services for Cities/Municipalities and must be knowledgeable of the requirements of Florida Statutes.

D. In accordance with Florida Statutes, the selected Firm will be required to make sworn statements regarding Public Entity Crimes and Contingent Fees.

E. If the business headquarters is located outside of the State of Florida, the Proposer must currently be licensed to perform the required services in both their home state and the State of Florida; and must have been in business for a minimum of three (3) consecutive years as of the date the Solicitation is issued. Copies of documentation evidencing this minimum requirement must be submitted with your response. Examples of documentation include, but are not be limited to, local business tax receipts for three (3) consecutive years, corporation documents with date of inception, certificate of authority, etcetera. In addition, any such out-of-state Proposer must submit to the City of DeBary a current Certificate of Authority, which is issued through the Department of State and in accordance with Florida Statute 607.1501, within ten (10) business days upon notice of intent to award.

F. The Proposer must provide proof that its key personnel have held and maintained for a minimum of three

(3) consecutive years all Certifications and Licenses as required by the State of Florida for their respective discipline as required by rule, and have authority to submit certified reports to state agencies (if applicable).

PROPOSAL FORMAT AND CONTENTS

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

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

Tab 1 - Firm’s Profile and Submittal Letter – (Non-Scored)

Statements of Qualifications must provide the required information in the following order and format:

1. Letter of introduction and interest signed by an officer or partner of the responding firm. The letter shall include the specific reason(s) why Firms would be the best choice for the project listed. The letter shall include the name of the entity submitting, contact name, phone number, e-mail address, fax number, and address of Firms submitting.

2. Table of Contents

3. Compliance Information: This is a compliance section and carries no evaluation points. Firms must meet the minimum criteria specified to receive further consideration. Submittals shall include the following:

a. The Firms must be properly certified by the Florida Secretary of State to do business in Florida at the time of submission.

b. State the legal name of the entity submitting and if Firms submitting is a corporation, joint venture, or partnership. It is understood that if selected for this project the stated entity name will be used in all legal contracting documents derived from this selection.

c. Provide a copy of the certification for proper incorporation or registration from the Florida Secretary of State. In the alternative, joint ventures and partnerships may provide, should provide a copy of their joint venture or partnership agreement and certification from the Florida Secretary of State establishing that each joint venture partner or partner is authorized to do business in Florida.

The Firms must be properly registered, licensed, and certified at the time of submission.

If submitting as a joint venture, provide a copy of the joint venture agreement and either:

a. A copy of the current Florida Professional Registration Certificate of the joint venture; or

b. A copy of the current Florida Professional Registration Certificate of one of the joint venture partners and proof of compliance with Florida Administrative Code Rule 61G4-15.0022.

4. The Firm must have been in continuous business for a minimum of three (3) years. If the Firm is a joint venture, at least one of the companies comprising the joint venture or the partnership must have been in continuous business for a minimum of three (3) years.

4.1. State the number of years in business. If the Firm is a joint venture, state both the number of years that the joint venture has been in business, as well as the number of years that each joint venture partner has been in business

4.2. State the location, address, and telephone number of the Firm’s offices. If the Firm is a joint venture or partnership, identify the location, address, and telephone number of the principal place of business of the joint venture or partnership designated with the Florida Division of Corporations.

4.3. Submit the names of owners, officers, or principals in charge.

4.4. The Firms must identify any existing or potential conflicts of interest, and disclose any representation of parties or other relationships that might be considered a conflict of interest with regard to this selection. "Conflict" or "conflict of interest" means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest.

4.5. If any conflicts of interest issues are identified, provide a detailed plan of action on how any existing or potential conflicts of interest will be mitigated in the case your firm is recommended for this project. The City of DeBary at its sole discretion shall determine the adequacy of the plan and whether the conflict will disqualify the firm from consideration for the RFQ. If the City of DeBary determines that the firm will be disqualified due to the conflict, the firm’s proposal will not be evaluated or considered by the Firms Selection Committee

Tab 2 - Successful Related Experience (40 Points)

Major consideration will be given to the successful completion of previous projects comparable in design, scope, and complexity. This may include evaluating the firm’s performance on previous projects

List the projects which best illustrate the experience of the Firms which utilized the current staff which is being assigned to this Project. (List no more than 10 projects and do not list projects which were not completed by your firm or completed more than ten years ago). Include the following for each project:

A. Name and location of the project.

B. The nature of the Firm’s responsibility on the project.

C. Project owner's representative name, address, telephone, and facsimile number.

D. Project user's representative name, address, and telephone number.

E. Date project was completed. Provide a comparison of the original schedule completion to the actual completion date.

F. Size of the project.

G. Cost of the project. Provide a comparison of the original contract amount with the final contract amount.

H. Work for which the Firm’s staff was responsible.

I. Firm’s project manager and other key professionals involved in the project and who of that staff would be assigned to the projects covered by this RFQ.

Tab 3 - Proposed Project Staff and Function (30 Points)

The quality, experience, and quantity of staff and their functions will be evaluated by the Proposal Evaluation Committee.

The Firms shall name the actual staff to be assigned to Projects, describe their ability and experience, and indicate the function of each within their organization and their proposed roles.

Organization Chart: Develop an organization chart as it relates to the project indicating key personnel and their relationship.

Give brief resumes of key persons to be assigned to future Projects including, but not limited to, the following:

A. Name and title.

B. Job assignment for other projects.

C. How many years with this firm? For sub-consultants, list prior projects your firm has worked with sub-consultant.

D. How many years with other Firms?

E. Experience including types of projects, size of projects (dollar value of project), and specific project involvement.

F. Education.

G. Active registrations (if any).

H. If submitting as a joint venture or partnership, include the assigned staff for the joint venture or partnership and indicate which of the joint ventures or partners employs the staff member.

Provide the location of the office(s) that will be providing the required services. Provide information on the staffing and resources of the main office providing the majority of services.

The following document must be submitted:

Exhibit F - Major Subcontractors (If Applicable)

Tab 4 - Financial Capabilities (20 Points)

The Proposal Evaluation Committee will evaluate whether the Firm has sufficiently demonstrated that they have the necessary financial resources to complete projects, its capabilities to control costs and its history of working proactively to avoid litigation with the City of Debary.

Financial Statement: For the Firms and/or their equity participants, indicate Working Capital Ratio, Profitability, and Return on Assets Ratio. Include a copy of their most current audited financial statement. If the Firm is a joint venture or partnership all firms comprising the submitting entity will be required to submit the previously requested documentation. Submit the financial data as a standalone file on a USB drive.

Litigation: Submit all litigation of any kind involving Firms, their officers, or directors with a project owner where the total amount in controversy exceeds $100,000 within the last five years. If the Firm is a joint venture or partnership, submit litigation involving all Firms comprising the submitting entity. State the court and location of the litigation.

Insurance Claims: State the number of claims, total worker’s compensation dollars incurred for those claims, and loss cost per man hour for the last five projects Firms has completed. This information should include all claims including, but limited to, the Firm’s personnel, and/or sub-consultants. In addition, Firms shall include information about safety programs.

Professional Capacity: Professional liability should have limits of not less than $3,000,000 for each claim and aggregate.

Exhibit G - Evidence of Experience and Financial Status

Tab 5 - Workload (5 Points)

The City of Debary will review the Firms and their sub-consultant’s current workload. If submitting as a joint venture, the City of Debary will review the current workload of each of the Firms(s) comprising the submitting entity. A maximum of five (5) points will be awarded based on an evaluation of the Firm’s total workload and capacity to perform the work.

Firms and their sub-consultant(s) shall provide a list of outstanding projects, client names, the status of completion, anticipated completion date, and dollars committed to open project workload. Furthermore, if submitting as a joint venture Firms shall also include projects for each firm comprising the joint venture.

Definition of sub-consultant as it relates to this selection process: An individual and/or firm contracted or to be contracted by the submitting Firms to provide services related to or part of those which this will be required as part of this selection process.

Tab 6 - Minority Business Enterprise (5 Points)

The firm must provide current documentation in their submittal, if they are a Minority Business Enterprise.

Five (5) points will be awarded if the firm is certified. Zero (0) points, will be awarded if the firm is not certified.

A. A copy of the appropriate certification from a recognized Minority Business Enterprise (MBE) certifying agency, such as the National Minority Supplier Development Council (NMSDC) or the Small Business Administration (SBA) for its 8(a) program, or the Florida State Minority Supplier Development Council (FSMSDC) or the Florida Office of Supplier Diversity (OSD).

5. Proposal Evaluation

5.1. Proposals will be evaluated by a Proposal Evaluation Committee which will review responses deemed responsive and responsible to the solicitation requirements. The Proposal Evaluation Committee will independently review, evaluate, and rank all valid proposals submitted based on the evaluation criteria.

5.2. The Proposal Evaluation Committee reserves the right to conduct site visits of the Firm’s facilities and/or of a current project it is managing.

5.3. The City of DeBary will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints, or other factors as directed by the City of DeBary, however, it is anticipated that the review/evaluation process will be completed promptly. The Purchasing Coordinator will participate in an advisory capacity only.

5.4. The Purchasing Coordinator shall assemble the evaluation scores submitted by all Proposal Evaluation Committee members and shall determine the highest-scoring firms based on the total evaluation scores received. In the event of a tied score, all such tied firms shall be included.

5.5. The City of DeBary will post a notice of the intended decision on the City of DeBary website, VendorLink and DemandStar. Failure to file a protest within the time prescribed in Section 120.57(3) b, F.S., shall constitute a waiver of proceedings under Chapter 120, F.S. Once the allowed period has passed this phase of the process will be completed.

6. Evaluation Criteria:

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

Tabs Criteria Points 2 Successful Related Experience 40 3 Proposed Project Staff and their Functions 30 4 Financial Capabilities 20 5 Workload 5 6 Minority Business Enterprise 5

Total 100

GENERAL TERMS AND CONDITIONS

1. Definitions

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

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

2. Cancellation: The City of DeBary reserves the right to cancel this Invitation to RFQ, in whole or in part, when it is in the

City of DeBary’s best interest. Notice of cancellation will be posted on the City of DeBary’s website, VendorLink and DemandStar.

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

The City will receive proposals at the following address:

Susan Perry, Purchasing Coordinator City of DeBary

16 Colomba Rd.

DeBary, Florida 32713

THE CITY MUST RECEIVE ALL PROPOSALS ON or BEFORE October 24, 2025 BY 2:00 PM EST

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

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

25-25 - Traffic Engineering and Transportation Planning Consulting Services An address label has been provided.

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

Respondents shall submit three (3) copies of the proposal and submit all items listed in on page 2 of this RFQ in a sealed, opaque envelope or box.

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

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

Due to the irregularity of mail and delivery services, the City cautions respondents to assure actual delivery of proposals to the Purchasing Coordinator prior to the deadline set for receiving submissions. Telephone confirmation of timely receipt of the proposal may be made by calling (386) 601-0229 at least four (4) hours prior to opening time for proposals.

Proposals received after the established deadline shall not be opened or considered and, provided that the respondent has provided a valid and legible return address as instructed herein, shall be returned in their unopened state to the respondent.

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

All solicitations and supporting documents will be posted on the City of DeBary website, VendorLink and DemandStar.

It is the sole responsibility of interested parties to monitor the City of DeBary website, VendorLink and DemandStar for solicitation opportunities and updates.

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

5. Subcontractors: The Bidder shall submit with its bid a list of the names and addresses of its major subcontractors together with the services they will supply. These subcontractors will be subject to review as to their competency by the City prior to award of Contract and shall be one of the considerations in determining the responsible Bidder as defined hereinafter. After award of Contract, no change in subcontractors shall be made unless approved by the City after a request for such a change has been submitted in writing by the Contractor who shall include the reasons for such request. The Bidder should submit with its Proposal evidence of its experience and financial status. The evidence should include a list of projects similar in character, size and value which it has satisfactorily completed and which are now in satisfactory operation and showing the location, the Owner’s name and address, the money value of the work and a brief description of each project.

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

7. Award of Contract: The City reserves the right to reject any or all bids, or any part of any bid, to waive any informality in any bid, or to re-advertise for all or part of the work contemplated. The City reserves the right, prior to award of Contract, to delete from the scope of the project any item or any combination of items.

7.1. The Contract will be awarded to multiple responsible and responsive Bidders complying with the applicable conditions of the Documents. In determining the responsible and responsive bidders, the City shall have the discretionary power to render decisions on and accept or reject bids or proposals on the basis of:

7.1.1. The ability, capacity, skill and sufficiency of resources of the Bidder to perform the contract and provide the requested materials or service.

7.1.2. The character, integrity, reputation, judgment, experience and efficiency of the Bidder.

7.1.3. The quality of performance and conduct of the Bidder on previous contracts with the City or any other reference or party that the Bidder has performed work or services.

7.1.4. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract.

7.1.5. The quality, availability and adaptability of the supplies, or professional or contractual services to the particular use required.

7.1.6. The Bidder’s pecuniary ability and financial stability.

7.1.7. The proximity of Bidder’s labor force, equipment and business operation in relation to the City.

7.2. In addition, each Bidder shall produce satisfactory evidence that it and all subcontractors it proposes to use hold valid state, county and local licenses or certificates of competency covering all operations and all areas of political jurisdiction involved in the work of this Contract.

7.3. The City also reserves the right to reject the Proposal of a Bidder who has previously failed to perform properly or to complete Contracts of a similar nature on time.

7.4. The City may conduct detailed examinations of Bidders, including of Bidders’ personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The City may, as it deems appropriate, review background items of Bidders to ascertain that no civil or criminal cloud exists over the bidders and their personnel. The failure of a Bidder to supply information in connection with an inquiry in a timely manner, at the City’s discretion, may be grounds for determination of non-responsibility with respect to the Bidder.

8. Execution of Contract: The Bidders to whom a contract is awarded will be required to execute in two (2) counterparts the prescribed Contract within ten (10) days from the date of Notice of Intent to Award (NOI) and deliver the executed Contract to the City.

9. Performance and Bonds: Florida State Statute 255.05 permits the City to waive the requirement for Performance and Payment Bonds, if required, in any contract, which is awarded for $200,000.00 or less. The City has determined that it may wish to exercise this authority if the City deems such waiver to be solely in its best interest.

9.1. If the City chooses not to exercise this authority or if the value of the work exceeds the Statutory threshold, then simultaneously with his delivery of the executed Contract to the City, a Bidder to whom a Contract has been awarded must deliver to the City executed, separate Performance and Payment Bonds on the prescribed forms each in an amount of one-hundred percent (100%) of the total amount of the accepted bid, as security for the faithful performance of his Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. The Performance and Payment Bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in Volusia, Seminole, Orange or Brevard Counties, Florida. The Attorney-in- Fact or other officer who signs Performance and Payment Bonds for a surety company must file with such bonds a certified copy of his Power-of-Attorney authorizing him to do so.

9.2. Florida State Statute 255.05 requires the Contractor, at his expense to record the executed Performance and

Payment Bonds in the public records of the City where the improvement is located prior to commencing work.

9.3. The Performance and Payment Bonds shall remain in force for one (1) year from the date of final acceptance of the work as a protection to the City against losses resulting from latent defects in materials or improper performance of work under the Contract, which may appear or be discovered during that period.

10. Qualification of Sureties: The following requirements shall be met by all surety companies furnishing bid, performance, payment or other type of bonds:

10.1. Qualifications: As to companies being rated acceptable:

10.1.1. The Surety shall be rated as "A" or better as to General Policyholders Rating and Class X or better as to

Financial Category by Best's Key Rating Guide, published by A. M. Best Company, Inc., of Ambest Road, Oldwick, New Jersey 08858. Rating for the Companies providing insurance for the project, as required in Article 5, Paragraph 5.2 of the General Conditions (Page GC/19), shall be "B", Class VIII or better (NOTE: If the bond requirement does not exceed $500,000.00, than the suitability of the surety will be determined in accordance with the requirements of Section 287.0935, Florida Statutes).

10.1.2. The Surety shall be listed on the U.S. Treasury Department's Form 570 (Revised annually) entitled, "Companies Holding Certificates of Authority from the Secretary of the Treasury under the Act of Congress Approved July 30,1947, (6 U.S.C., Sec. 6-13) as Acceptable Sureties on Federal Bonds (a)" dated May 2, 1955, or thereafter.

10.1.3. All Surety Companies are subject to approval and may be rejected by the City without cause, in the same manner that bids may be rejected.

10.1.4. The Agent countersigning the bond shall be registered in the State of Florida.

11. Public Records:

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

11.1. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO

THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS, Annette Hatch, CMC, City Clerk AT 386.601.0219, ahatch@debary.org 16 Colomba Road, DeBary, Fl. 32761

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

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

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

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

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

12. Public Records Compliance Indemnification: Contractor agrees to indemnify and hold the City harmless against any and all claims, damage awards, and causes of action arising from the Contractor’s failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor’s failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorneys’ fees and costs arising therefrom. Contractor authorizes the public agency to seek declaratory, injunctive, or other appropriate relief against Contractor in Volusia County Court on an expedited basis to enforce the requirements of this section.

13. Conflict of Interest: In addition to complete adherence to the requirements provided in Section 112.313, F.S., all

Contractors must disclose the name of any officer, director, agent, or representative who is also an employee of the City of DeBary, who knowingly owns, directly or indirectly, any interest of any amount in Contractor’s company, firm, or business, or who derives income of any kind from Contractor’s company, firm or business.

14. Bid Protests: Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this RFQ or who is adversely affected by a decision of the City of DeBary concerning the mailto:ahatch@debary.org solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of intended decision is posted. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value.

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

The City of Debary, Florida Finance Director

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

15. No-Contact Period / Lobbying: During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, the City Manager, any City of DeBary employees except

(a) any designated Purchasing or Finance Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests; and (b) a Council Member, the City Manager, any City of DeBary employees who is lobbied on issues or matters unrelated to the procurement of goods and services which are subject to the No Contact Period.

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

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

17. Patents, Copyrights, and Royalties: The Contractor, without exception, shall indemnify, defend, and hold harmless

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28. Contractor’s Representative: The Contractor must provide a point of contact for the term of this RFQ to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordination of services, and to address other issues. If the point of contact differs between regular work hours and after-hours, weekends, and holidays, this must be provided. The Contractor must provide the Purchasing Coordinator with any updates to the primary point of contact. The City of DeBary reserves the right to require a change in the Contractor’s point of contact at the City’s sole discretion.

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

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

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

32. Audit and Inspection: The City of DeBary or its representatives reserves the right to inspect and/or audit the

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

33. Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the City of DeBary, its City Council members, employees, and representatives from and against any claims, suits, judgments, demands, liabilities, damages, cost and expenses including attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the Contractor or its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable;

excepting those acts or omissions arising out of the sole gross negligence or intentional misconduct of the City of DeBary.

Nothing in this RFQ shall be deemed to affect the rights, privileges, or be…