25-718_Fire_Extinguisher_Inspections_&_Service_8-14-25.pdf

NEW SMYRNA BEACH UTILITIES

REQUEST FOR QUOTATIONS

25-718

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 1

WE HEREBY INVITE YOUR COMPANY TO SUBMIT A FORMAL QUOTATION FOR THE

ANNUAL CONTRACT FOR FIRE EXTINGUISHER INSPECTIONS AND MAINTENANCE

SERVICES FOR NEW SMYRNA BEACH UTILITIES, PER THE ATTACHED SPECIFICATIONS.

SUBMIT COPIES OF YOUR QUOTES BY MAIL, E-MAIL, OR HAND DELIVERING TO:

New Smyrna Beach Utilities

Attn: Erin Anderson

Purchasing Agent

(386) 424-3170 eanderson@nsbufl.com

MAILING ADDRESS: WALK-IN DELIVERY ADDRESS

1151 Field Street 350 Slaton Street

New Smyrna Beach, FL 32168 New Smyrna Beach, FL 32168

QUOTATIONS DUE PRIOR TO: Tuesday, September 2, at 2:30 pm mailto:cfisher@ucnsb.org

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 2

SCHEDULE

Distribution of the Request for Quotation August 14, 2025

RFQ Return Deadline by 2:30 PM September 2, 2025

Location:

NSBU Purchasing Dept.

350 Slaton Street

New Smyrna Beach, FL, 32168

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 3

TABLE OF CONTENTS

General Instructions 4-9

References

E-Verify Affidavit Form 11

Non-Collusion Affidavit

Foreign Country of Concern Attestation

Certification of Drug-Free Workplace Form 14

Vendor Application 15

W-9 16

Scope of Work 17-18

Quote Tabulation 19-20

Vendor Questionnaire 21

Sample Agreement 22-42

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 4

GENERAL INSTRUCTIONS

1. COMMISSION. The term Commission used herein refers to the New Smyrna Beach Utilities, or its duly authorized representative.

2. SOLICITATION. The term Solicitation used herein refers to this Request for Quotations.

3. VENDOR. The term Vendor used herein refers to the manufacturer or business organization submitting a quotation to the Commission in response to this Solicitation

4. FURNISHED ITEMS. No material, labor or facilities will be furnished by the Commission unless specifically stated.

5. COLLUSION. The Vendor hereby attests that the prices in this offer have been arrived at independently without consultation, communication, or agreement with any competitor for the purpose of restricting competition.

6. PRICE WARRANTY. The Vendor warrants that the prices of the items set forth herein do not exceed the prices charged by the Vendor under a contract with the State of Florida.

7. COMMERCIAL WARRANTY. The Vendor agrees that the supplies and services furnished under this award shall be covered by the most favorable commercial warranties the Vendor gives any customers for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Commission by any other provision of this award.

8. PREPARATION OF QUOTATION. Carelessness in preparation of the quotation will not relieve any vendor of its obligations. Vendors are expected to examine, when applicable, drawings, specifications, delivery schedule and requirements, extensions, performance sites, instructions, and all terms and conditions in the Solicitation to satisfy themselves of the conditions affecting the cost and performance of this Solicitation. Quotations having erasures or corrections must be initialed in ink by the Vendor. In the event of an extension error(s), the unit price will prevail. Written amounts shall take precedence over numerical amounts.

9. DELIVERY OF QUOTATIONS. Quotations shall be addressed and mailed or delivered as specified on page 1.

10. REJECTION OF QUOTATIONS. To ensure consideration of your quotation, please follow these instructions. Quotations not in compliance with conditions specified herein are subject to rejection.

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 5

11. The Commission reserves the right to reject quotations containing any additional terms or conditions not specifically requested in the original conditions and specifications.

12. BRAND OR TRADE NAMES. When brand or trade names are used in this Solicitation, it is for the purpose of item identification and to establish standards for quality, style, and features. Quotations including equivalent items will be considered unless items are noted as no substitutes. Quotations containing equivalent items must be accompanied by descriptive literature and/or specifications to receive consideration. Demonstrations and/or samples may be required and shall be at no charge to the Commission. The Commission reserves the right to determine if the proposed goods are equivalent to specified goods.

13. COMMISSION’S DISCRETION AS TO AWARD. Awards shall be made as required for the best interest of the Commission. The Commission has no obligation to accept the lowest quotation, rather, the Commission is entitled to award to the vendor and quotation that is in the best interest of the

Commission. The Commission reserves the right to make award(s) by individual items, group of items, all or none, or any combination thereof, with one or more vendors. The Commission reserves the right to cancel the solicitation, reject any and all quotes, or waive any irregularity or technicality in the quotations received. The Commission reserves the right not to make any award(s) under this

Solicitation.

14. SAMPLE CONTRACT. The Commission possesses the sole authority to award a contract for the services sought herein. The contract that the Commission intends to use for award is attached; however the Commission reserves the right to add and/or amend the terms at its sole discretion.

15. QUESTIONS REGARDING QUOTATIONS. The Commission has made every effort to provide prospective vendors with the information needed to appropriately respond to this solicitation. The

Commission realizes that some clarification, interpretation, or additional information may be required.

Questions regarding any portion of this Solicitation shall be directed, in writing, to:

New Smyrna Beach Utilities

Erin Anderson

EANDERSON@NSBUFL.COM

or

VENDORLINK

https://www.myvendorlink.com/external/bids?a=358

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 6

Any additional information pertaining to this Solicitation or to the services being sought hereunder obtained in a manner other than as described in the preceding paragraph should be regarded as unofficial. The Commission will not be bound in any way by information so obtained, or by a vendor’s reliance thereon

16. COMMUNICATIONS. Any communication between any potential vendor, service provider, lobbyist or consultant and any Commission Member, staff member, or consultant of the Commission regarding this procurement is strictly prohibited from the date on which the Solicitation advertisement appears on the Commission website, Vendor Link or newspaper through the date of contract award.

Also, from the date of the filing of any notice of protest of award through resolution for the parties involved in the protest or contract award, whichever is longer. The only exceptions to this are communications with the Commission Material Manager or the Commission-designated point of contact. Any violation shall constitute grounds for immediate and permanent disqualification of the offending firm and possible debarment or suspension. At the Commission General Manager/CEO and

Director of Finance (CFO)’s sole discretion, it may also serve as grounds for the voiding of any contract with the violator and/or to temporarily or permanently debarring the violator from future work with the Commission. This process will safeguard the integrity of the Commission's procurement and protest process and also provide an ethical, equitable, and transparent procurement process.

17. TRADE SECRETS AND CONFIDENTIAL INFORMATION: Trade secrets and information confidential and exempt from Subsection 119.07 (1) of the Florida Statutes and Subsection 24(a) of

Article I of the Florida Constitution is not solicited nor desired as information to be submitted with quotes. The Florida Statutes and the State Constitution govern whether information in a quote is confidential or exempt from the Florida Public Records Act. If information is submitted in a quote which a vendor deems to be a trade secret or confidential and exempt from the Public Records Act, the information shall be submitted with the quote in a separate, clearly identifiable email referencing the specific statutory citation for such exemption. Submitted quotes which are marked “confidential”

(or other similar language) in their entirety or those in which a significant portion of the submitted quote is marked “confidential” may be deemed non-responsive by NSBU. The NSBU is not obligated to agree with the vendors claim of an exemption and by submitting a quote, the consultant agrees to be responsible for defending its claim that each and every portion of the separately marked information is exempt from inspection and copying under the Public Records Act. The vendor agrees that it shall

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 7 protect, defend, and indemnify, including attorneys' fees and costs, the NSBU for any and all claims and litigation (including litigation by the NSBU) arising from or relating to the consultant’s claim that the separately marked portions of its quote are not subject to disclosure. If the vendor fails to separately mark portions of its quote or marks its quote “confidential” (or other similar language) in its entirety, the NSBU is authorized to produce the entire quote submitted by the vendor in responding to a Public

Records Request.

18. AMENDED OR WITHDRAWN QUOTATIONS. Quotations may be amended or withdrawn only by written notice prior to the quotation opening. Amendments will only be accepted in the form of a new package. The Vendor must pick up the original quotation package and submit an amended quotation prior to the closing date and time. Amendments or withdrawals received after the quotation opening will not be effective, and the original quotation submitted will be considered.

19. CONSIDERATION OF QUOTATIONS. The commission reserves the right to award the contract to the vendor(s) that it deems to offer the best overall quotation. The commission is therefore not bound to accept a quotation on the basis of the lowest price. In addition, Commission at its sole discretion reserves the right to cancel this Solicitation, to reject any and all quotations, to waive any and all informalities and/or irregularities, to re-advertise with either the identical or revised specifications, or not award a contract at all if it is deemed to be in the best interest of Commission to do so. The commission also reserves the right to make multiple or split awards if it is deemed to be in the Commission’s best interest. Commission shall not be responsible for any cost or expense incurred by the Vendor in preparing or submitting a quotation or any cost prior to the execution of a contract.

20. PURCHASING MANUAL. All responses to this Solicitation shall be in accordance with the

Commission’s Purchasing Policies and Procedures Manual.

21. E-VERIFY. By submitting a response to this Solicitation, you are obligated to comply with the provisions of Section 448.095, Florida Statutes, “Employment Eligibility.” Further, by submitting a response to this solicitation, you affirm and represent that you are registered with the E-Verify system and are using the same and will continue to use the same as required by Section 448.095, Florida

Statutes. Compliance with Section 448.095, Florida Statutes, includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, RFQ 25-718 Fire Extinguisher Inspections and Maintenance 8 contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to disqualifying you for award of this Solicitation, or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If disqualified for a violation of the statute by the Vendor, the Vendor may not be allowed to do business with the

Commission or be awarded a solicitation or contract for a period of 1 year after the date of termination.

All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the

Vendor.

22. PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL OR

IDEOLOGICAL INTEREST. Vendors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the Commission will not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is responsible.

Vendors are further notified that the Commission’s governing body may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

23. COMPLIANCE WITH FOREIGN ENTITY LAWS. The Vendor hereby attests under penalty of perjury the following:

A. Entity is not owned by the government of a foreign country of concern as defined in Section

287.138, Florida Statutes.

B. The government of a foreign country of concern does not have a controlling interest in Entity.

C. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes.

D. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity.

E. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes.

F. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and

692.204, Florida Statutes.

G. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 9

Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida

Statutes, to purchase the subject property. Entity is in compliance with the requirements of

Section 692.204, Florida Statutes

24. PUBLIC ENTITY CRIMES. Under Section 287.133(2)(a), 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 quotation on a contract to provide any goods or services to a public entity, may not submit a quotation 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0l7, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

25. REQUIRED DISCLOSURE. At its sole discretion, the Commission may reject any quotations that the Commission finds to lack, or whose present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The discretion of the Commission may be exercised based on the Commission’s own investigation, public records, or any other reliable sources of information. By submitting a quotation, Vendor recognizes and accepts that the Commission may reject the quotation based upon the exercise of its sole discretion and Vendor waives any claim it might have for damages or other relief resulting from the rejection of its quotation based on these grounds.

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 10

REFERENCES

Provide the business names, contact persons, and telephone numbers of three (3) references for which the firm has provided the services described in this RFQ. Include relationships with utility and governmental agencies. It is the Commission’s intent to contact these references during the award process. Award of this contract will be based on price AS WELL AS REFERENCES AND EXPERIENCE (A Minimum of five (5) years in business is required).

1. Name of Company: ___________________________________

Address: ____________________________________________

Point of Contact: _____________________________

Phone Number: ______________________________

Dates of Service: _____________________________

Service(s)Provided:

2. Name of Company: ___________________________________

Address: ____________________________________________

Point of Contact: ______________________

Phone Number: _______________________

Dates of Service: ______________________

3. Name of Company: _______________________________

Address: ________________________________________

Point of Contact: _____________________________

Phone Number: ______________________________

Dates of Service: _____________________________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 11

COMPLIANCE WITH EMPLOYMENT ELIGIBILITY REQUIREMENTS

(§448.095, Florida Statutes – E-Verify)

The E-Verify system is an internet-based system operated by the United States Department of Homeland

Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Florida Statutes §448.095 provides that any person or entity that has entered or is attempting to enter a contract with New Smyrna Utilities to provide labor, supplies or services must register with and use the E-Verify system to verify the work authorization status of all employees hired after

January 1, 2021. Further, the contractor must maintain certain required employment compliance records of subcontractors for the duration of the contract with New Smyrna Utilities.

Contractor Name:

Contractor E-Verify Registration Number:

The undersigned, on behalf of the contractor referenced above, after first being duly sworn, states as follows:

1. That said, the contractor understands that the contractor must comply with §448.095, Florida Statutes.

2. That the contractor uses the E-Verify system to verify the work eligibility status of employees.

3. That the contractor has enrolled in the E-Verify system under the registration number referenced above and will verify the work eligibility status of employees hired after January 1, 2021 through said registration number throughout the contract period of any and all contracts with New

Smyrna Utilities.

4. That the contractor will maintain affidavits of sub-contractors engaged to perform work on all contracts with New Smyrna Utilities.

5. That said, the contractor further understands that violation of §448.095, Florida Statutes, may result in lawful termination of a contract by New Smyrna Beach Utilities, subjecting the contractor to liability for additional costs incurred by New Smyrna Beach Utilities as a result of the termination of the contract.

Signed

Title

Subscribed and sworn before me this ____ day of________,20__.

Notary Public

My Commission Expires:__________________________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 12

NON-COLLUSION AFFIDAVIT OF VENDOR

STATE OF ______________

COUNTY OF ____________

_____________________________, being first duly sworn, deposes and says that:

He/she is ______________of__________________ (“Vendor”) and has submitted the attached quotation.

He/she is fully informed respecting the preparation and contents of the attached quotation and of all pertinent circumstances respecting such quotation.

Neither the said Vendor nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication or conference with any other vendor, firm or person, to fix the price or prices in the attached quotation or of any other vendor, or to fix any overhead, profit or cost element of the quotation or the quotation price of any other Vendor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the

Commission.

The price or prices quoted in the attached quotation are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Vendor or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed

Title

Subscribed and sworn to before me this _____day of________, 20___.

Title

My Commission Expires: ___________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 13

FOREIGN COUNTRY OF CONCERN ATTESTATION

This form must be completed by an officer or representative of the entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with Commission

(the Governmental Entity), which would grant the entity access to an individual’s Personal

Identifying Information. Capitalized Terms used herein have the definitions ascribed in

Rule 60A-1.020, F.A.C.

Vendor is not owned by the government of a Foreign County of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a

Foreign Country of Concern does not have a Controlling Interest in Vendor.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Date: ____________________, 20___ Signed: _________________________

Entity: _______________________ Name:___________________________

Title: __________________________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 14

CERTIFICATION OF DRUG-FREE WORKPLACE FORM

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more quotations are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, the quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Entity: _______________________ Name: ___________________________

Title: __________________________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 15

VENDOR INFORMATION

In addition to General Conditions, your quote may be disqualified if the following vendor information is not returned with your quote.

Vendor is:

( ) Corporation

( ) Partnership

( ) Sole Proprietorship

( ) Other________________________________________(Explain)

Federal Employer Identification

Number or Social Security Number: _____________________________

Do you collect Florida State Sales Tax? ( )Yes ( )No

Firm Name: _______________________________________________________

Mailing Address: _____________________________________________________

Telephone Number: _______________________________________________

Facsimile Number: _______________________________________________

E-mail: _______________________Web Address: ________________________

If vendor is bidding as a manufacturer's representative and the purchase order should be addressed to the manufacturer in care of the bidder, so indicate.

If remittance address is different from the mailing address so indicate below.

Firm Name: ________________________________________________________

Mailing Address: ____________________________________________________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 17

SCOPE OF WORK

GENERAL INFORMATION:

New Smyrna Beach Utilities is requesting quotations on Fire Extinguisher Inspection/Maintenance Services for approximately 200 facility fire extinguishers in a variety of types and sizes, and approximately 140, size 2.5, type ABC, Dry Chemical fire extinguishers in NSBU fleet vehicles.

It is the intent to establish an agreement for procurement, inspection, repair, replacement, and recharge of Portable Fire Extinguishers, miscellaneous services, and parts, as required. Pricing shall also include all labor, support materials, supervision, equipment, incidentals, travel, transportation, and fuel. Vendor shall identify and submit written reports on existing or potential problems.

Fire extinguishers are located at several New Smyrna Beach Utilities facilities and will require travel to the following addresses to complete inspections and/or maintenance:

Central Office Building, 200 Canal Street, New Smyrna Beach, FL 32168

Electric Operations, 350 Slaton Street, New Smyrna Beach, FL 32168

Generation Site, 1000 Field Street, New Smyrna Beach, FL 32168

Water Reclaim Facility, 3119 S.R. 44 (behind Wal-Mart), New Smyrna Beach, FL 32168

Headend Building, 3129 S.R. 44 (behind Wal-Mart), New Smyrna Beach, FL 32168

Water Treatment Facility, 2640 Paige Ave., New Smyrna Beach, FL 32168

Fleet Maintenance Facility, 2495 Boat Ramp Drive, New Smyrna Beach, FL 32168

Field Operations Facility, 413 Smith St., New Smyrna Beach, FL. 32168

All extinguishing equipment shall be serviced according to NFPA 10, 69A-Florida Administrative Code, Florida Statute 633, or the most recent adopted, as well as the manufacturer’s specifications for each unit. The general types of servicing to be required of the Vendor, in addition to routine maintenance, will include inspecting, testing, recharging, marking, tagging, mounting, repairing, installing, and labeling of portable fire extinguishers.

Vendor shall ensure that all fire extinguishers are of the proper rating and that they are properly installed and marked, as required by the NFPA and OSHA. The Vendor shall furnish a Durable Self-Adhesive Label as specified by the NFPA and State Statute for each extinguisher showing the

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 18 required servicing data, including the date of the annual inspection. Loaner extinguishers shall be made available while NSBU extinguishers are being serviced or recharged.

A Blanket Purchase Order shall be issued as a result of this request for quotation. Additional “as needed or” parts equipment should be quoted as a flat percentage off of list price.

All inspections shall be arranged by and between Robert Bryant, RBryant@nsbufl.com and the successful Vendor for all stationery and vehicle units.

Any other questions, please email me at eanderson@nsbufl.com mailto:eanderson@nsbufl.com

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 19

QUOTE TABULATION

VENDOR NAME:

Fire Extinguisher Inspection

Hydro Test

SIZE TYPE SIZE TYPE

2.5 ABC 5 ABC

5 ABC 10 ABC

6 ABC 20 ABC

10 ABC 10 CO2

18 ABC 15 CO2

20 ABC

5 PK

2.5 BC 20 Special

5 BC 5 1211

10 BC

Service Call/Trip Call (if any)

Minimum On-Site Charge

Parts- List Price % Discount

Equipment- List Price % Discount

Other

Recharges CO2Recharges Dry Chem

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 20

New Smyrna Beach Utilities reserves the right to waive informalities in any quotation, to reject any and all quotations in whole or in part, with or without cause, and/or accept the quotations or portions thereof that in its judgment will be in the best interest of the New Smyrna Beach Utilities. The quotation shall be valid for award within sixty (60) days from the date of opening unless specified otherwise.

The term of the resulting agreement shall be one year. New Smyrna Beach Utilities reserves the right to extend this contract up to three (3) additional one (1) year periods based upon mutual agreement.

Submitted By:

Name of Company: _____________________________________________ Please Print

Name & Title: __________________________________________________ Please Print

Signature: _____________________________________________________

Telephone No. ___________________ Facsimile No.___________________

E-Mail: _______________________________________________________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 21

VENDOR QUESTIONNAIRE

Additional space may be required. Please answer questions in the order presented. All questions must be answered, or Vendor may be disqualified.

1. Has your company ever been denied insurance or had insurance canceled?

2. Is your company bondable? Has your company ever been denied bond? If yes, explain.

3. Can your insurance company produce a certificate of insurance stating your limits and naming Commission as an Additional Insured?

4. Since January 1, 2018, has your company been a defendant in any lawsuits?

5. Is your company a subsidiary or otherwise legally affiliated with any other company?

6. Is your company rated by Dunn & Bradstreet or any other rating agency? If yes, what is the name of the agency and rating?

7. Is your company in any stage of bankruptcy, including initial filing?

8. Has your company been disbarred by the Federal Government or any State Government?

9. How many employees does your company have?

Staff Employees: Full Time______________ Part Time______________

Contract Employees: Full Time_______________ Part Time_______________

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 22

AGREEMENT FOR ANNUAL SERVICE CONTRACT

THIS AGREEMENT FOR CONTINUING SERVICES (“Agreement”) is made and entered into this __ day of ____________, by and between the UTILITIES COMMISSION, CITY OF NEW SMYRNA

BEACH, FLORIDA, a political subdivision of the State of Florida (hereafter “Commission”), located at

200 Canal Street, New Smyrna Beach, Florida 32168, and _ _ _ _ _ _ _ (hereafter “Service

Provider”), located at ____________ (collectively the “Parties”). .

RECITALS

ACCORDINGLY, for and in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which are acknowledged by the Parties, the Parties hereby covenant and agree as follows:

SECTION 1. INTRODUCTION. The Commission was created by special act of the Florida

Legislature as a political subdivision of the State of Florida with certain powers, authorities, and duties related to the provision of water, wastewater, reclaimed water, and electric utility services, including the authority to enter into contracts. The Commission wishes to obtain an annual contract for services. The

Service Provider is willing to provide such services.

SECTION 2. TERM. This Agreement is to be become effective upon execution by both parties.

The initial term shall be for ONE (1) year(s). Additionally, the parties agree that this Agreement may be renewed beyond the initial term, up to three (3) additional one-year periods upon mutual agreement by the

Parties in writing.

SECTION 3. DESCRIPTION OF SERVICES. Service Provider agrees to perform Fire

Extinguisher Inspections and Maintenance Services at NSBU Locations as specified in the Scope of

Services, attached as Attachment A (“Services”) and incorporated into this Agreement.

SECTION 4. CHANGES IN THE SCOPE OF WORK.

4.1 The Commission may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase, decrease or eliminate any amount of work, Commission and Service Provider will negotiate any change in total cost or schedule modifications. If Commission approves, Commission shall amend the Scope of Services to reflect the modifications; and Service

Provider shall be compensated for said Services in accordance with the terms of Section 6 herein. All change orders shall be in writing and executed by both Commission designated representative and the

Service Provider.

4.2 The Services and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable.

SECTION 5. SCHEDULE AND PERIOD OF PERFORMANCE

5.1 Time is of the essence with respect to the obligations hereunder. Service Provider shall

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 23 perform its services in conformance with the agreed upon schedule. Service Provider shall complete all of said services in a timely manner and will keep Commission apprised of the status of work on a monthly basis. Should Service Provider fall behind the agreed-upon schedule, it shall employ such resources so as to comply with the agreed-upon schedule.

5.2 No extension for completion of Services shall be granted to Service Provider without

Commission prior written consent, except as provided in Section 4.1 herein.

SECTION 6. COMPENSATION FOR SERVICES. The Commission agrees to compensate Service

Provider for services properly performed at the rates of:

RATE EFFECTIVE DATE

Fire Extinguisher Inspection __________

Hydro Test __________

Recharges Dry Chem Recharges CO2

Size Type Size Type

2.5 ABC _________ 5 ABC _______

5 ABC _________ 10 ABC _______

8 ABC _________ 20 ABC _______

10 ABC _________ 10 CO2 _______

16 ABC _________ 15 CO2 _______

20 ABC _________

31 ABC _________

5 PK _________

2.5 BC _________ OTHER

5 BC _________ 20 SPECIAL ________

10 BC _________ 5 1211 ________

15 BC _________

20 BC _________

Service Call/Trip Call (if any) _________

Minimum On-Site Charge _________

Parts-List Price % Discount _________

Equipment – List Price % Discount _________

SECTION 7. PAYMENT; INVOICES

7.1 Invoices for Service Provider’s Services shall be submitted to the Commission at monthly intervals for Services rendered during the previous period. Each invoice shall delineate the period in which the Services were rendered; shall include a summary of the progress to date as a percentage of the major phases of the work. Each invoice shall be certified as correct by a duly

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 24 authorized representative of Service Provider. The bill[s] shall identify the services completed and the amount charged.

7.2 The Commission or its authorized representative shall have the right, at all reasonable times, at its own expense, to inspect and audit the books and records of Service Provider insofar as they pertain to the direct charges payable by Commission under this Agreement and such audit is performed within three (3) years after the expiration of this Agreement. The composition of fixed rates will not be subject to audit.

7.3 All invoices shall be due and payable thirty (30) days from receipt thereof by Commission, subject to Commission's right to contest, in good faith, all or any part of the charges set forth therein.

Payment of invoices shall not be unreasonably withheld by Commission, but the Commission reserves the right to reject any statement which fails to adequately describe the Services rendered by Service Provider.

Upon written notice to Service Provider, payment may be withheld, in whole or in part, for Service

Provider’s failure to comply with a term, condition or requirement of this Agreement. Service Provider will help effect resolution and transmit a revised invoice as necessary. Thereafter, the withheld amount(s) shall be paid upon Service Provider’s satisfactory demonstration of compliance to the

Commission. Amounts not disputed by the Commission shall be promptly paid to the Service Provider in accordance with the above payment procedures.

SECTION 8. RIGHT TO INSPECTION. Commission or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement.

SECTION 9. WARRANTY AND ACCEPTANCE. The Service Provider agrees that all materials furnished under this Agreement shall be new, all Services shall be performed correctly and in accordance with all laws, rules, codes, and regulations, and workmanship shall be first class in every respect. The work shall be subject to inspection and acceptance by the Commission. Service Provider guarantees it’s the quality of its Services hereunder for a period of 24 months after completion and acceptance of the Services unless otherwise set forth herein. In the event Commission discovers defects in material or workmanship at any time, or discovers that the Services have not been performed correctly or in accordance with all laws, rules, codes, and regulations, before the expiration of the specified warranty period, Service Provider shall, upon written notice from the Commission, repair, correct or replace any such defective materials or Services, at its sole expense. The Commission may perform such repairs, corrections, or replacements by other reasonable means and Service Provider agrees to pay for such corrective measures. Neither acceptance of the work by the Commission nor payment shall relieve Service

Provider from liability under this Agreement.

SECTION 10. INSPECTION AND ACCEPTANCE. A duly authorized representative of the

Commission will accomplish inspection and acceptance of the Services and shall have the right to reject

Services that were not performed correctly or in accordance with all laws, rules, codes, and regulations and demand reperformance at the Vendor’s sole expense.

SECTION 11. SAFETY. Service Provider agrees to comply with the Commission’s safety standards while on the Commission's property. Service Provider shall have full responsibility and assume

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 25 all liability for the safety and supervision of its employees while performing services provided hereunder.

The service provider, and not the commission, shall be solely responsible for ensuring that the performance of the services complies with all applicable health and safety laws, rules, and regulations, including but not limited to OSHA.

SECTION 12. INSURANCE.

12.1 Service Provider shall maintain in force during the term of this Agreement, at its own expense, public liability insurance and other insurance coverage as set forth in Exhibit "B" which is hereby made a part of this Agreement.

12.2 Service Provider and Commission waive all rights against each other and their respective directors, officers, partners, New Smyrna Beach Utilities, officials, agents, subcontractors, Service

Providers, and employees for damages covered by any property insurance during and after the completion of the Services. A similar provision shall be incorporated into all construction contractual arrangements entered into by the Commission and shall protect the Commission and the Service Provider to the same extent. All project contractors shall be required to include the Commission and the Service

Provider as additional insureds on their general liability insurance policies.

SECTION 13. STANDARDS OF CONDUCT; COMPLIANCE WITH FEDERAL, STATE,

AND LOCAL LAWS.

13.1 The Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider to solicit or secure this

Agreement, and that he has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Service Provider any fee, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Agreement.

13.2 The Service Provider covenants that it or any of its employees presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any manner or degree with performance of Services hereunder.

13.3 The Service Provider agrees that it and its employees shall be bound by the Standards of

Conduct provided in Section 112.313, Florida Statutes, as it relates to Services performed under this

Agreement, which standards will by reference be made a part of this Agreement as though set forth in full.

The Service Provider agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the Services performed.

13.4 The Service Provider shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement.

13.5 The Service Provider warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporations, individual, or firm, RFQ 25-718 Fire Extinguisher Inspections and Maintenance 26 other than a bona fide employee working solely for the Service Provider any fee, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement.

13.6 Service Provider affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has Service Provider been convicted of a Public Entity Crime. Service

Provider agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in termination of this Agreement by the Commission.

13.7 As a condition precedent to entering into this Agreement, and in compliance with section 448.95, Florida Statutes, Service Provider and its subcontractors shall register with and use the E-

Verify system to verify work authorization status of all employees hired after January 1, 2021.

a. Service Provider shall require each of its subcontractors to provide the Service Provider with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized alien. Service Provider shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement.

b. The Commission, Service Provider, or any subcontractor, upon good faith belief that a person or entity with which it is contracting knowingly violated section 448.09(1), Florida

Statutes, or the provisions of this section, shall terminate the contract with the person or entity.

c. The Commission, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but the Service Provider otherwise complied, shall promptly notify the Service Provider and the Service Provider shall immediately terminate the contract with the subcontractor.

d. A contract terminated under the provisions of this section is not a breach of contract and may not be considered as such. Any contract terminated under the provisions of this section may be challenged pursuant to section 448.095(2), Florida Statutes. Service Provider acknowledges that upon termination of this Agreement by the Commission for a violation of this section by Service Provider, Service Provider may not be awarded a public contract for at least one (1) year. Service Provider further acknowledges that Service Provider is liable for any additional costs incurred by the Commission as a result of any contract for a violation of this section.

e. Service Provider or subcontractor shall insert in any subcontracts the clauses set forth in this section, including this subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Service Provider shall be responsible for compliance with any subcontractor or lower tier subcontractor with the clauses set forth in this section.

f. Information on registration for and use of the E-Verify Program can be obtained via the internet at the Department of Homeland Security website: http://www/dhs/gov/E-verify.

13.8 The Commission shall consider the knowing employment of unauthorized aliens, as described in Section 274A(e) of the Immigration and Nationality Act (codified at 8 U.S.C. §1324a), and Section 448.09, Florida Statutes, by Service Provider or any subcontractor cause for termination of this Agreement.

13.9 In compliance with Subsection 787.06(13), Florida Statutes, the Human Trafficking

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 27 affidavit attached hereto as Attachment C must be completed by an officer or representative of a nongovernmental entity that is executing, renewing, or extending a contract with the Commission or any of its direct support organizations (the “Governmental Entity”).

13.10 In compliance with Section 287.138, Florida Statutes, should the services to be performed under the Agreement grant the Service Provider access to an individual’s personal identifying information, Service Provider shall provide the Commission with an affidavit, attached hereto as Attachment D, signed by an officer or representative under penalty of perjury attesting that

(a) the Service Provider is not owned by the government of a foreign country of concern; (b) the government of a foreign country of concern does not have a controlling interest in the Service Provider;

and (c) the Service Provider is not organized under the laws of, or has its principal place of business in a foreign country of concern. For purposes of this Section, “foreign country of concern” means the

People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic

People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the

Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern.

13.11 Scrutinized Companies List.

a. By executing this Agreement, Service Provider certifies that it is not: (a) listed on the

Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, (b) engaged in a boycott of Israel, (c) listed on the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida

Statutes, or (d) engaged in business operations in Cuba or Syria.

b. Pursuant to Section 287.135(5), Florida Statutes, the Commission may immediately terminate this Agreement for cause if Service Provider is found to have submitted a false certification as to the above or if Service Provider is placed on the Scrutinized

Companies that Boycott Israel List, is engaged in a boycott of Israel, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Terrorism Sectors List, or has been engaged in business operations in Cuba or Syria, during the term of the Agreement. If the

Commission determines that Service Provider has submitted a false certification, the

Commission will provide written notice to Service Provider. Unless Service Provider demonstrates in writing, within 90 calendar days of receipt of the notice, that the

Commission’s determination of false certification was made in error, the Commission shall bring a civil action against Service Provider. If the Commission’s determination is upheld, a civil penalty equal to the greater of $2 million or twice the amount of this

Agreement shall be imposed on Service Provider, and Service Provider will be ineligible to bid on any Agreement with a Florida agency or local governmental entity for three (3) years after the date of the Commission’s determination of false certification by Service Provider.

c. If federal law ceases to authorize the states to adopt and enforce the contracting

RFQ 25-718 Fire Extinguisher Inspections and Maintenance 28 prohibition in this Section, this Section shall be null and void without further action of the parties.

13.12 Service Provider affirms that it is aware of the provisions of Subsection 287.134(2)(a), Florida Statutes, and that at no time has Service Provider been placed on the Discriminatory Vendor

List.

13.13 By executing this Agreement, Service Provider certifies that to the best of his or her knowledge the commodities such company is offering to the Commission have not been produced, in whole or in part, by forced labor. Pursuant to Subsection 287.1346(4)(a)(2), Florida Statutes, the Commission may immediately terminate this Agreement for cause if the Service Provider is placed on the Forced Labor

Vendor List. If it is found that Service Provider has submitted a false certification and is subsequently placed on the Forced Labor Vendor List, a fine of $1,000 or an amount equal to 20 percent of the value of the commodity provided to the…