1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is hereby soliciting property and casualty insurance brokerage services on a guaranteed fee basis to provide the City the services.

The broker selected will have the exclusive right to provide insurance services to the City for the types of coverage included in the Proposal and any new property and casualty insurance sought by the City; and will be designated as agent of record for the City for that coverage.

1.2. Background

The City has renewed some of its insurance policies with its existing broker. The selected broker will be assigned to replace existing coverage as it expires at the request of the City. The selected broker will also procure new insurance, at the request of the City, as exposures are identified and the City determines to transfer the risk by insurance.

1.3. Contact Information

Purchasing Purchasing

Purchasing Agent

301 S. Ridgewood Ave.

Daytona Beach, FL 32114

Email: purchasing@daytonabeach.gov

Phone: (386) 671-8082

Department:

Risk Management

1.4. Timeline

Release Project Date February 5, 2026 mailto:purchasing@daytonabeach.gov tel:(386)671-8082

Request For Proposal #2619RFP Title: 2619RFP - Property and Casualty Insurance Brokerage Services

Pre-Proposal Meeting (Non-Mandatory) February 17, 2026, 10:00am

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Question and Request for Interpretation

Submission Deadline

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Proposal Submission Deadline March 12, 2026, 2:00pm

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2. DEFINITIONS

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY

MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE OF SPECIAL

PROVISIONS.

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this

Solicitation:

Addenda means written or graphic instruments issued prior to the end of the Offer Phase which clarify, correct, or change the Solicitation documents or Contract documents. Also means Addendum.

Bid means Solicitation Submission, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Bidder one who submits a response to a Solicitation; also means Proposer or Respondent.

City means The City of Daytona Beach, unless the context indicates otherwise, includes the City’s officers, employees, and agents.

Commodities means the supplies, materials, goods, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting Contract.

References to commodities shall mean goods.

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer https://teams.microsoft.com/meet/22312579330814?p=bqSDM93tzhoLodnOAi https://teams.microsoft.com/meet/22312579330814?p=bqSDM93tzhoLodnOAi https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjY5M2EwNDctMmIxYS00N2RhLTkzYzgtY2FkYjJkOTA5MDdm%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjY5M2EwNDctMmIxYS00N2RhLTkzYzgtY2FkYjJkOTA5MDdm%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjY5M2EwNDctMmIxYS00N2RhLTkzYzgtY2FkYjJkOTA5MDdm%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjY5M2EwNDctMmIxYS00N2RhLTkzYzgtY2FkYjJkOTA5MDdm%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjY5M2EwNDctMmIxYS00N2RhLTkzYzgtY2FkYjJkOTA5MDdm%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjY5M2EwNDctMmIxYS00N2RhLTkzYzgtY2FkYjJkOTA5MDdm%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjY5M2EwNDctMmIxYS00N2RhLTkzYzgtY2FkYjJkOTA5MDdm%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d

Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents

5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The City shall determine legibility and acceptability for public record purposes.

Florida Prompt Payment Act means F.S. §§ 255.0705—255.078, as amended from time to time.

Goods means the supplies, materials, commodities, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting

Contract. References to Goods shall mean Commodities.

Local Vendor means a person or business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of six months prior to the date Offers were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Notice of Intent to Award (NOI) means a written notice given by the City stating that staff is recommending award to the listed Proposer. It includes instructions for completing and submitting any Contract that accompanies the NOI.

Offer means Solicitation Submission, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the

Solicitation. Also known as Bid Schedule.

Proposal means Solicitation Submission, or Bid, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Proposer means one who submits a response to a Solicitation; also means Bidder or Respondent

Purchase Order means a written document to an awarded Proposer formalizing the terms and conditions of a proposed transaction.

Respondent one who submits a response to a Solicitation; also means Proposer or Bidder.

Responsible refers to a Proposer that has the necessary skills, ability, capacity, and capability to perform the work required under a Solicitation and is otherwise eligible for award.

Responsive means conforming in all respects to the Solicitation Package, except minor irregularities.

Services means a Proposer's ability to comply with promised delivery dates, specifications, and technical assistance. Also means the furnishing of labor, time, or other form of effort.

Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses or submittals from eligible Proposers. The information may be in the form of electronic documents, files, and information contained in data fields in the Platform.

Solicitation Deadline means the specific date a time that a Solicitation is due. No Offers will be accepted after this time.

Tabulation Sheet means the opening results of a Solicitation. The Proposer's name, City, and Offer Price will be recorded for Invitations to Bid.

Vendor means Contractor, Consultant, Respondent, Supplier or Proposer to whom the Contract is awarded.

3. SCOPE OF WORK

3.1. Scope of Services

Design a property and casualty risk financing program for the City which will streamline risk-financing applications as much as possible, and utilize cost-effective self-insured retentions, insurance deductibles, and other risk financing techniques. Respondent must demonstrate the ability to place all insurance outlined in Exhibit A or will be deemed non-responsive. An overview of current insurance in place is outlined below.

Commercial property insurance including difference in conditions coverage for City properties with a total insurable value of over $375,000,000. The City also has an equipment breakdown insurance policy with a $100,000,000 limit of liability.

The City has excess liability policies in the amount of $2,500,000 per occurrence and $5,000,000 annual aggregate with various self-insured retentions for commercial general liability, commercial automobile, public officials and employment practices liability, and police professional liability. The City also has an excess workers’ compensation policy with statutory coverage and $5,000,000 in employer’s liability coverage.

The City maintains other miscellaneous property and casualty policies including but not limited to inland marine insurance, flood insurance, crime/employee dishonesty insurance, and special events liability, liquor liability, storage tank liability, and medical malpractice insurance with various deductibles and limits of coverage.

A schedule of the insurance the City currently maintains with its property and casualty broker’s assistance can be found in Exhibit A.

The selected broker(s) must be able to provide insurance placement and related risk management consulting services to the City including the following:

A. Insurance Placement and Marketing Services

1. Maintain contact with insurance markets which are interested, available, and qualified to provide products and services to the City and identify opportunities to improve the products or services or reduce costs.

2. Provide the City with a schedule and timetable for broker activities.

3. Prepare underwriting submissions to risk financing organizations and provide a copy of its submission(s) to the City. The City will assist the broker by issuing general specifications, and by gathering and preparing information for the broker; however the ultimate responsibility for preparation of underwriting submissions and all related expenses will be borne by the broker.

4. Provide a strategy for market coverages. Provide a prioritized list of risk financing organizations to be approached on behalf of the City, and a statement of why this market is able to meet the City’s needs. Include an evaluation of the financial stability of the proposed insurer to assume the financial risk that is proposed to be undertaken.

5. Negotiate coverages, policy language, services, limits, retentions, and price on behalf of the

City with the proposed insurer. Provide expertise in negotiations with insurers to obtain acceptable policy terms and conditions and in the preparation of manuscript forms and endorsements.

6. Comply with the City’s purchasing codes and procedures for obtaining insurance coverages.

7. Begin renewal activities for all insurance coverage in future years a minimum of 60 days before policy expiration dates by requesting current underwriting data from the City. Receive insurance proposals and perform analyses to determine which proposals offer the best combination of cost, services, and coverage, at least 30 days prior to the expiration of the policy.

B. Policy Review and Coverage Verification

1. Ensure that all insurance policies provided by insurers conform to the requested coverage and these policies are provided to the City within 30 days after inception of coverage.

2. Maintain a monthly status report, available to the City, identifying all outstanding insurance issues and provide a timeline for resolving these outstanding issues.

3. Issue insurance binders to the City prior to inception of any insurance coverage and until policy is issued.

4. Review and evaluate new and renewal policy endorsements or related documents affecting coverage, services, or cost.

5. Continuously monitor the financial condition of insurers providing insurance coverage to the

City, including their ability to pay claims promptly and advise the City whenever any insurer is downgraded by any rating agency.

6. Prepare analysis and recommendations of coverage being offered, including financial strength of insurer, limits, retentions, coverages, exclusions, and pricing.

7. Verify all policy terms, conditions, and premium calculations before delivering policies and/or endorsements to the City.

8. Verify all requested changes and premium changes, including any subsequent audits.

C. Loss Prevention

Represent the position of the City concerning recommendations made by insurance companies and, if requested, conduct research to develop documentation to support the City’s position. Consult with the

City staff as appropriate.

D. Claims Settlement

1. Assist with claim documentation process and coverage interpretation to ensure the City receives maximum loss recoveries in a timely manner.

2. Assist the City in obtaining all payments, including partial payments, for losses from insurance companies.

3. Assist in resolving insurance coverage disputes with insurance companies.

E. Risk Management Consulting

1. Assist the City in preparing annual exposure updates to ensure compliance with terms and conditions of the various insurance coverages.

2. Monitor and evaluate the City’s loss exposures for any operational changes that may have a significant impact on its risk management program.

3. Serve as a resource to the City for information on coverage issues, policy interpretation, claim issues, potential exposures, and other issues.

4. The Broker must be available at all times upon reasonable requests to meet with the City

Commission, City Manager, Finance Director, staff, and other City consultants in order to fulfill the Broker’s responsibilities.

3.2. Background

The City of Daytona Beach, Florida is an incorporated municipality of the State of Florida located within the County of Volusia. The City, which currently encompasses 67 square miles, is located on the central east coast of the State of Florida, 89 miles south of Jacksonville and 50 miles northeast of Orlando.

The City was incorporated on July 26, 1876, and operates under a Commission-Manager form of government and is a full-service City empowered to levy a property tax on both real and personal property. The City provides general government, public safety, public works, planning, leisure, community development, and cultural services to its 85,000 residents. To provide these services, the

City operates six enterprise activities: a water and sewer system, a solid waste system, a marina

(managed by third-party), a municipal golf course, a stormwater system, and a tennis center.

Policy-making and legislative authority are vested in the City Commission consisting of the mayor, elected citywide, and six commissioners elected by district. To effectively manage its financial resources, The City of Daytona Beach prepares and adopts an annual operating budget and a five-year capital program that encompasses all funds as necessary.

Local economy:. The economy of the Daytona Beach area is heavily tourist-oriented and currently draws more than 8.5 million tourists annually for family vacations or to attend any of the seven major special events held in the City throughout the year. The City is rich in outdoor amenities providing recreation on twenty-three miles of accessible Atlantic Ocean beach. Approximately 85% of those visiting these major special events and the numerous smaller events arrive by car or motorcycle.

Risk Management:. The City has a risk management program that includes a self-insured program for workers’ compensation and liability exposure, and a purchased insurance program for excess liability and workers’ compensation, all risk property, employee surety and other selected potential risk exposures where it is felt appropriate to limit any City liability. The program is designed to evaluate the

City’s exposure and seek price quotes on various coverage levels and deductibles in the insurance marketplace and determine the level of risk the City can reasonably expect to cover.

3.3. Compensation and Commissions

A. Compensation: The sole compensation paid to the broker selected will be payment of Broker Service

Fees. There will be no reimbursement for out-of-pocket expenses or travel costs unless the City expressly agrees otherwise. The proposer should anticipate that the final contract will not provide for such reimbursement except in extraordinary circumstances.

The total Broker Service Fee will be paid as a flat fee. Any proposal that contains proposed fees as a percentage of the City’s cost of insurance obtained through the Broker’s assistance (including commission), or provides for fees on any other basis other than as a flat fee, will be considered non-responsive unless the insurance policy cannot be written net of commission. If a policy cannot be written net of commission, the Respondent should identify such policy(ies) from the list of existing insurance policies and note that in its response with the reason the policy cannot be written net of commission.

The Fees will be subject to Adjustments as provided below.

B. Adjustments: The Fees above will be subject to reduction as follows:

A. Commissions. Any commission payments that the selected broker receives in connection with the procurement of insurance coverage for the City pursuant to the contract, will be credited against the Fees owed under the Contract. For purposes herein, “commissions” do not include any of the following:

(i) Any contingent payments or allowances received by the broker, or the broker’s corporate parent, subsidiaries or affiliated entities, from insurers based on factors which are not client-specific, such as the performance or size of an overall book of business produced with an insurer.

(ii) Any payments or allowances to intermediaries (such as a wholesale insurance broker, managing general agent (MGA), managing general underwriter or reinsurance broker) used by the broker for the placement of the City’s insurance. In addition to providing access to the insurance company, the intermediary may provide the following services: (i) risk placement; (ii) coverage review; (iii) claims liaison services with the insurance company; (iv) policy review; and

(v) current market intelligence.

(iii) Interest on premiums paid by the City in the ordinary course of business, from the date received by the broker until the date the premiums are remitted to the insurance company or intermediary.

The Annual Broker Fee will be paid on a quarterly basis, in arrears.

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

The successful proposer must meet the following minimum qualifications and must include sufficient information in its response for the City to verify that the minimum qualifications are met.

1. The proposer and its employees must have all necessary current licenses issued by the State of Florida for procurement of the types of insurance for which they wish to act as brokers for the City.

2. The proposer possesses a minimum of ten years of property and casualty experience, and the primary business of the firm shall be the insurance business.

3. The proposer must assign a service team to provide brokerage service to the City, which has at least a marketing account executive and a customer service representative. These individuals must each have at least five years’ experience providing services to cities and/or other governmental entities.

4. Florida Experience – At least one member of the service team, designated in the proposal forms, must have acted as a broker placing property insurance for a Florida property account which has total insurable values at risk in excess of $200 million since 2015.

5. Florida Governmental Experience – At least one member of the service team, designated in the proposal forms, must have acted as a broker placing property insurance for a Florida governmental entity since 2015.

6. The proposer will have expertise and experience in placing and reviewing for accuracy and conformity to specifications and negotiated coverages endorsements and policies similar to the types of insurance coverage currently maintained by the City as identified in Scope of Services and the list in Exhibit A.

7. The Broker shall demonstrate extensive experience providing coverage summaries for all new coverages and updates on changes to existing coverages for the types of insurance coverage currently maintained by the City as identified in Scope of Services.

8. The Broker shall demonstrate extensive experience advising public sector employers in matters related to reinsurance terms and conditions, risk management and indemnification issues, and alternative risk financing techniques.

4.2. E-VERIFY

E-Verify. - The Proposer (and its subcontractors) have an obligation to utilize the U.S. Department of

Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the

Proposer certifies that it is registered with, and uses, the E-Verify system for all newly hired employees.

The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract.

This section serves as notice to the Proposer regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the City’s obligation to terminate the contract if it has a good faith belief that the Proposer has knowingly violated section 448.09(1), F.S. If terminated for such reason, the

Proposer will not be eligible for award of a public contract for at least one year after the date of such termination. The City reserves the right to order the immediate termination of any contract between the

Proposer and a subcontractor performing work on its behalf should the City develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S.

4.3. RESTRICTIONS, PROHIBITIONS

A. A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a Proposal to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit a Proposal 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 287.017, Florida Statutes, for

CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted

Vendor List.

B. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a Proposal to provide goods or services to a public entity; may not submit Proposal with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

C. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible Contractor may not submit a Proposal or perform work for the construction or repair of a public building or public work on a contract with the Recipient.

D. No funds received pursuant to this Agreement may be expended for lobbying the Florida

Legislature, judicial branch or any state agency.

5. GENERAL CONDITIONS

THIS IS NOT A BID. This is a Request for Proposals issued in accordance with The City of Daytona Beach

Code Chapter 30, Division 3, “Source Selection and Contract Formation”. The Request for Proposal specifies the product(s) or services needed and lists the criteria upon which the Proposals will be evaluated. When received, Proposals will be reviewed and ranked in order, beginning with the one deemed most advantageous to the City. Negotiations will commence with the selected Proposer(s).

Upon completion of satisfactory negotiations, the Contract negotiated as the best will be recommended to the City Commission. A copy of Chapter 30 may be obtained upon request.

5.1. ELECTRONIC PLATFORM

To ensure consideration of your Proposal, please follow these instructions.

The City will only accept online Proposals for this Solicitation through the Platform accessible through

Opengov, the City's online procurement Platform. All solicitations can be accessed through the City’s website: www.codb.us/841/Purchasing under the link to “Public Solicitation”, then by selecting the proper solicitation.

No other forms of online Proposals will be accepted. All Proposals not in compliance with the conditions specified herein are subject to rejection.

Interested Proposers shall contact OpenGov Procurement Support related to any inquiries related to the software. Proposers may contact Support via the blue chat bubble in the bottom right corner of an

OpenGov Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855) 680-4747.

5.2. REQUESTS FOR INTERPRETATIONS

If the Proposer is in doubt as to the meaning of any of the Solicitation Documents or other Exhibits included in this Solicitation, the Proposer may submit a question through the Platform. Such requests must be received by the deadline communicated in the Timeline in the INTRODUCTION in order to be considered. The City is not obligated to respond to such requests.

5.3. ADDENDA TO SOLICITATION DOCUMENTS

Prior to Solicitation opening, the City may, on the City’s own initiative or in response to a request for clarification, furnish Addenda, or answer questions via the Platform for additions or alterations to the

Solicitation Documents previously supplied by the City. In addition, the City may by Addendum extend the date scheduled for Solicitation opening. The Purchasing representative will make reasonable efforts through the Platform to notify all potential Suppliers of the issuance of an Addendum. The City’s

Purchasing web site address is www.codb.us/841/Purchasing; Addenda may be found under the “Public

Solicitations” link.

Any clarification or interpretation issued by the City in the form of a written Addendum will be deemed to be a part of the Solicitation Documents. No oral clarification or interpretation will be binding. However, the Proposer is solely responsible for ensuring that the Proposal submitted reflects all such

Addenda/Questions and Answers.

https://procurement.opengov.com/portal/codb/projects/231514/document?section=2197000

5.4. EXECUTION OF OFFER

The City will only accept Offers online through the Platform. No paper Offers will be accepted.

All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel

(.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

5.5. WITHDRAWAL OF OFFERS

The Proposer may withdraw their submission and resubmit anytime until the specified opening date and time, (i.e., the end of the Offer Phase). Once the Offer Phase has ended the City will be able to view the submissions and begin the evaluation of all Proposals received.

Mere negligence on the part of the Proposer in preparing the Offer does not constitute a right to withdraw the Proposal after opening.

5.6. OPENING DATE

The opening of Proposals will be scheduled at the date and time specified by the Solicitation, or as changed by Addenda or response that the City may issue. At opening, the City will open and record the Proposals so long as they are proper and have been timely submitted. In recording the Proposals, the City will state the name of the Proposer. The Tabulation Sheet will be created on the Platform by the Purchasing representative. The Proposer is solely responsible to ensure that the Proposal is submitted online prior to the end of the Offer Phase. Late Submissions will not be accepted.

5.7. COOPERATIVE PURCHASING

All Proposers awarded Contracts from this Solicitation are required to permit governmental entities to participate in the Contract under the same terms, and conditions except those allowances may be made for differences in delivery costs.

5.8. GENERAL REVIEW PROCEDURES

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach, sets forth the general review procedures for competitive sealed Offers. Under the Purchasing Code, the City Manager is required to evaluate and rank Responsive Proposals in accordance with the criteria identified in the Solicitation.

Before submitting a recommendation for final action on this Solicitation to the City Commission, the City

Manager is authorized to “shortlist’ and negotiate with one or more of the Proposers who submitted the highest ranked Proposals. As part of these negotiations, the City Manager may request revised Offers from shortlisted Proposers.

The City Manager has adopted a policy delegating the task of initially ranking Responsive Offers to a

Selection Committee. The Selection Committee may require personal interviews with Proposers before submitting its recommendations to the City Manager.

5.9. REJECTION OF OFFERS

The City reserves the right to reject any or all Proposals in whole or in part and to award by items, parts of items, or by any aggregate group of items specified. The City also reserves the right to waive technical defect when in its judgment the best interests of the City thereby will be served.

5.10. AWARD

The award will be made by the City to the Proposer most qualified and offering the best value to the City, which will be determined by evaluation of Proposals using the evaluation criteria contained in the

Solicitation, and in accordance with applicable rules and regulations governing the purchase and Contract adopted and established by the City, and the State of Florida.

Any Contract resulting from this Solicitation may, in the alternative, be awarded by the City of Daytona

Beach Community Redevelopment Agency (CRA). Therefore, any Offers submitted in response to this

Solicitation shall be deemed to be Offers to the CRA as well as the City. Any final written contract may be with the CRA instead of the City, and in such instances, any required insurance, performance and payment bonds, may be required to run in favor of the CRA in addition to or in lieu of the City.

5.11. SELECTION PROCESS

For the purpose of selecting the most qualified Proposal, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps:

A. The City will advertise and email notice of formal Requests for Proposals to interested

Proposers. The City’s Selection Committee will review, rank, and shortlist all Proposals received by the established deadline for submission. Oral presentations by the short-listed Proposers to clarify their Offers may be required. These presentations will serve to explain implementation techniques integral to the written Proposal. Subsequent to the receipt of Proposals, the City may schedule a time for each requested oral presentation at a place convenient to the City.

B. The City’s Selection Committee will then rank each Proposal and prepare a recommendation for approval by the City Manager. Upon receipt of the City Manager’s approval, the City’s Project

Manager shall negotiate a contract with the highest ranked Proposer(s) approved by the City

Manager. Should the Project Manager be unable to negotiate a satisfactory contract with the any of the shortlisted Proposers, the City Manager, or designee, shall terminate such negotiations with any or all of the shortlisted Proposers and begin negotiations with remaining

Proposers based on ranking, until negotiations are successful or this Solicitation is cancelled.

C. The City Commission has the sole authority to bind the City to the terms and conditions of a contract that has been approved in a public meeting of the City Commission. The City

Commission reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration.

5.12. LICENSES, PERMITS, AND FEES

All Proposals submitted shall include in the price the cost of any business or professional licenses, permits or fees required by the City and any agency having jurisdiction over the Services solicited through this Request for Proposal.

5.13. PATENT INFRINGEMENT

By submission of a Proposal, the Proposer certifies that the Services to be furnished will not infringe any valid patent, copyright, or trademark and the successful Proposer shall, at his/her own expense, defend any and all actions or suits charging such infringement and hold the City harmless in case of any such infringements.

5.14. TAXES

All Proposals shall be exclusive of federal taxes. Tax exemption certificates will be furnished upon request.

5.15. FLORIDA PUBLIC RECORDS LAW

Sealed Offers received by the City pursuant to the Request for Proposals will be temporarily exempt from disclosure in accordance with Florida’s Public Records Laws. F.S. §119, states that Offers are not public record for 30 days from the date of the opening of the Offers or the date a Notice of Intent to

Award is posted, whichever is first. Thereafter, all Offers will be open for a personal inspection by any person pursuant to Public Records Law.

If the Proposer believes that the Offer or any portion thereof is permanently exempt from disclosure under the public records laws, the Proposer must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Offer opening. The Proposer will be contacted prior to the opening of the Offer and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Proposer may in writing request the return of the sealed Proposal.

5.16. QUALIFYING PROPOSERS

Prior to awarding of Offer, the City may require submission by Proposer of complete financial statement and questionnaire describing Proposer’s financial ability and experience in performance of similar work.

5.17. RULES AND REGULATIONS

All work performed under this agreement shall be in strict compliance with local, State and Federal laws, rules and regulations. Proposer shall assume all liability for fines and penalties assessed by the authorities for any infractions.

5.18. NO COSTS

The City of Daytona Beach bears no responsibility for any costs incurred in the preparation of the

Proposal.

5.19. INTERNET/WEB SERVICES

For the purposes of this paragraph, any Services or products offered to the public via the internet or online must comply with WCAG 2.0 AA in order to be deemed ADA compliant. The City will provide

Contractor with prompt written notice with respect to any ADA deficiencies of which the City is aware and Contractor will promptly correct such deficiencies. If the County, the Department of Justice, or other governmental entity tasked with the enforcement of the ADA ("Enforcement Agency") notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this Agreement, Contractor shall, at no additional charge or cost to the City, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency.

Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the City against any and all claims, sanctions, or penalties assessed against the City, which claims, sanctions, or penalties arise or otherwise result from the Contractor's failure to comply with the

ADA or WCAG 2.0 AA, for online or internet services or products.

5.20. FEDERAL CONTRACT PROVISIONS

This is an acknowledgment that FEMA financial assistance may be used to fund the agreement. The Contractor will comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives. The Contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards. Contractor shall ensure that all subcontracts comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives.

A. Equal Employment Opportunity. For all contracts for construction work which is defined as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

This requirement applies to all FEMA grant and cooperative agreement programs.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of

September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive

Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of

September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

B. Contract Work Hours and Safety Standards Act. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Compliance with the Contract Work Hours and Safety Standards Act.

Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is…