1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is hereby soliciting responses from qualified Consultants to provide the rental, installation, and removal of holiday & special event decorations at various locations throughout the City, as requested.

1.2. Contact Information

Purchasing Purchasing

Purchasing Agent

301 S. Ridgewood Ave.

Daytona Beach, FL 32114

Email: purchasing@daytonabeach.gov

Phone: (386) 671-8082

Department:

Public Works

1.3. Timeline

Release Project Date July 21, 2026

Pre-Proposal Meeting (Non-Mandatory) July 24, 2026, 11:00am

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Request For Proposal #2651RFP Title: 2651RFP - Holiday & Special Event Decoration, Rental, Installation, and Removal

Question and Request for Interpretation

Submission Deadline

August 6, 2026, 5:00pm

Proposal Submission Deadline August 11, 2026, 2:00pm

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Selection Committee Meeting (Non-

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August 21, 2026, 10:00am

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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.

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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

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 Service Overview

The City of Daytona Beach is requesting proposals from qualified respondents for the rental, installation, and removal of holiday & special event decorations, located at designated City locations, as requested.

3.2. Holiday Decorations

The selected vendor will be responsible for the following minimum requirements for Christmas decoration services:

• Design & Theme Selection: Vendor will collaborate with the City of Daytona Beach staff to finalize the Christmas decoration theme, which should enhance the festive atmosphere, while aligning with the City's aesthetic.

• Decoration Installation:

o 25-Foot Minimum Christmas Trees (2) with Warm White LED Lights: Deliver and install a minimum of 25-foot Christmas tree with warm LED lights in front of the City of Daytona Beach

City Hall building, located at 301 S. Ridgewood Ave., Daytona Beach, Florida, and at the

Tarragona Arch Tower, located at 100 Tarragona Way, Daytona Beach, Florida. The trees should be aesthetically pleasing, sturdy, and include decorative ornaments, with a festive LED star topper at the top of each tree. The LED stars should be illuminated and vibrant, adding to the overall visual appeal of the trees.

o Large Signature Animated Holiday Displays: Deliver and install large-scale animated holiday display units at the City of Daytona Beach City Hall building, located at 301 S. Ridgewood Ave., Daytona Beach, Florida, and at the Tarragona Arch Tower, located at 100 Tarragona Way, Daytona Beach, Florida. Displays should feature vibrant, motion-based LED elements that create a dynamic and festive visual experience. Units must be durable, weather-resistant, and designed for outdoor public environments. Each display should incorporate holiday-themed figures or scenes that move or illuminate in programmed sequences, enhancing the overall holiday ambiance. All components should be installed securely, operate reliably throughout the season, and contribute to a cohesive, high-impact visual presentation for residents and visitors.

▪ Sizes Requested:

• 15'x24' - Tarragona Arch Tower - 1, City Hall - 1

• 30'x15' - Tarragona Arch Tower - 1

• 15'x15' - Tarragona Arch Tower - 20, City Hall - 1, Beach Street Bridge Entrances - 1

ea. and should be complementary to the displays on the Beach Street poles o Miscellaneous Holiday Lighting – Hedge, Palm Tree Illumination at Tarragona Arch Tower:

Provide, deliver, and install holiday lighting on all designated hedges and palm trees located at the Tarragona Arch Tower, 100 Tarragona Way, Daytona Beach, Florida. Lighting should consist of high-quality warm white LED strands designed for outdoor use, offering consistent brightness and durability throughout the holiday season. Hedges should be evenly wrapped to create a clean, uniform glow, while palm trees should be tastefully illuminated along trunks and fronds to enhance vertical visibility and complement surrounding holiday décor.

All lighting installations must be securely fastened, weather-resistant, and arranged to contribute to a cohesive and festive ambiance at the Tarragona Arch Tower.

o Building Architectural and Roofline Holiday Lighting – City Hall and Tarragona Arch Tower:

Provide, deliver, and install architectural holiday lighting at the City of Daytona Beach City

Hall building, located at 301 S. Ridgewood Ave., Daytona Beach, Florida, and at the

Tarragona Arch Tower, located at 100 Tarragona Way, Daytona Beach, Florida. Roofline holiday lighting shall be installed on the roofline of the City Hall building. Lighting should highlight key architectural features of each structure, using warm white outdoor-rated LED fixtures or strands that create a refined and visually cohesive holiday presentation.

Illumination should accentuate building lines, columns, archways, and other prominent design elements while maintaining an elegant and balanced appearance. All lighting must be securely installed, weather-resistant, energy-efficient, and capable of reliable operation throughout the holiday season. The final presentation should enhance the architectural character of both sites and contribute to an inviting and festive atmosphere for residents and visitors.

▪ City Hall Roofline Lighting - approx. 300 yards

▪ City Hall Building Architectural Lighting - approx. 100 yards

▪ Tarragona Arch Tower Building Architectural Lighting - approx. 400 yards o 8-Foot Holiday Wreath and Pole Wraps (Lighted and Unlighted) with 24-Inch Glitter Bows:

Provide, deliver, and install one 8-foot holiday wreath and decorative pole wraps at designated locations within the City of Daytona Beach. The wreath should feature durable greenery, warm white LED illumination, and be accented with a prominently placed 24-inch glitter bow to enhance its festive appearance. Pole wraps, both lighted and unlighted, should be installed on all assigned light poles, using high-quality outdoor-rated materials.

Lighted wraps must include warm white LED strands that are evenly distributed, while unlighted wraps should maintain a clean, decorative finish. Each pole wrap should be topped with two (2) 24-inch glitter bows to ensure consistency across all installations. All décor must be securely fastened, weather-resistant, and arranged to provide an attractive, cohesive holiday display throughout the season.

▪ Beach Street Pole Mounts - 12 poles (2 per pole) - 24 total mounts

▪ Main Street CRA - Pole Wraps/Lighted w/2-24" glitter bows - 65 total poles

▪ Mid-Town CRA - Mary McLeod Bethune Blvd. - Pole Wraps/Unlighted w/2-24" glitter bows - 85 total poles

▪ Downtown CRA - International Speedway Blvd. - Pole Wraps/Unlighted w/2-24" glitter bows - 36 total poles

▪ Downtown CRA - Magnolia Ave. - Pole Wraps/Lighted w/2-24" glitter bows - 41 total poles

▪ Citywide - Seabreeze Blvd. - Pole Wraps/Lighted w/2-24" glitter bows - 31 total poles

• Installation Timeframe:

o Schedule and Timeline: Vendors must propose a detailed schedule and timeline, including dates for all installation activities, ensuring all requested decorations are fully operational and safely installed before November 15th.

o Installation Start Date: Installation of all holiday decorations shall begin no earlier than

October 1st for Architectural and no earlier than November 1st for decorations.

o Installation Completion Date: All requested decorations must be fully installed with the

Project Manager walkthrough completed and approved by the City's Project Manager or their designee, before November 15th.

o Removal no earlier than January 2nd and no later than January 20th.

• Communication:

o Regular communication will be required between the awarded vendor and the City of

Daytona Beach Project Manager or their designee throughout the process, from the initial scheduling of the decoration installation to the final removal of all installed holiday decorations.

o Status updates are to be provided during the installation of the decorations, with any challenges or delays immediately communicated by phone to the City's Project Manager or their designee.

o The awarded vendor must be available for any immediate communication by phone during the installation process to address any questions or issues provided by the City's Project

Manager or their designee that arise.

o A final walkthrough and installation inspection will be scheduled with the awarded vendor and the City's Project Manager or their designee upon installation completion to ensure all installed decorations meet the City's standards and guidelines.

• Maintenance: The awarded vendor will ensure all decorations, including but not limited to, the

Christmas tree, lights, garlands, and animated displays, are maintained in optimal condition throughout the holiday season, with timely repairs or replacements if necessary. This shall include fluffing of tree branches, replacement of tree branches as needed, replacement of faulty

LEDS, and replacement of defective decorations and displays. The costs of any required tools, parts, labor, and materials needed for such repairs must be included in the proposal pricing. The

City is not responsible for any additional costs due to repairs. In the event the display(s) are no longer working as they were originally installed, the awarded vendor must correct the display(s) within twenty-four (24) hour notice by City staff.

3.3. Special Event Decorations

The selected vendor will be responsible for special event decoration services as needed and requested by City staff and departments.

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

In order to be considered qualified to perform the requested Services, the Proposer must have an active, permanent, and successful operation for a minimum of five (5) years prior to the date of submission of

Proposals, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Services. Office or Permanent Staff must be within 50 miles of the City.

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.

4.4. BID SECURITY

The Proposer must submit Bid Security equal to 10% of the Bid. The Bid Security will be in the form of a

Bid Bond or any of the following alternate forms: a certified or cashier's check, an irrevocable letter of credit, or money order. Any Bid Bond provided must be in the original form; copies are unacceptable. The

City has the right to retain the Bid Security as liquidated damages should the Successful Proposer fail to comply with the terms of the bid. The City will return the Bid Security to unsuccessful Proposers after the

Contract award.

Any Bid Bond provided must be in a form approved or provided by the City and must be accompanied by sufficient evidence of the issuing agent's authority. The Surety company executing the Bond must be authorized to do business in the State of Florida. If the Bid Bond is in an amount greater than $5,000.00 the Surety company executing the Bond is listed by the United States Treasury Department as being approved for writing bonds for federal projects on its current list in an amount not less than the required

Bond amount.

A 10% Bid Bond is required for all Construction projects. An AIA Bid Bond is acceptable. A fully executed, signed copy MUST be submitted with bid submission. The hard copy is to be mailed to and received by

The City of Daytona Beach Purchasing Department PRIOR to the stated bid deadline.

The Address is as follows:

The City of Daytona Beach

ATTN: Purchasing Department

301 South Ridgewood Ave., Room 150

Daytona Beach, FL 32114

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.

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.

https://procurement.opengov.com/portal/codb/projects/281740/document?section=2718243

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. LOCAL PREFERENCE

Pursuant to the Purchasing Code, preferences may be given in the evaluation of Responsive Offers to Local

Vendor. A “Local Vendor” is a Proposer which has maintained a permanent place of business with full-time employees within the city limits of the City of Daytona Beach for a minimum of six months prior to the date Offers were received for the Contract at issue, which generally provides from such permanent place of business the kinds of services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

In order to qualify as a Local Vendor, the Proposer must submit a properly completed Local Vendor affidavit as part of its Proposal. A Proposer who fails to properly complete and sign this affidavit or submit it with the Proposal will not be considered for local preference in this Solicitation. The City is the ultimate arbiter as to whether the Proposer qualifies as a Local Vendor; and the City may require the Proposer to submit additional documentation verifying that the Proposer qualifies as a Local Vendor.

A Proposer qualifying as a Local Vendor will be given the following Preferences:

A. At the City’s discretion, the Proposer may be given bonus points of up to 10% of the total available points used to score Offers for ranking purposes. The exact percentage awarded may be adjusted based on the extent of work to be subcontracted to non-local Vendor.

B. After the Selection Committee has evaluated and ranked Offers, if the highest-ranked Local

Proposer’s Proposal would not otherwise be among the list of the highest–ranked Proposals submitted to the City Manager, the list will be modified to include the highest-ranked Local

Vendor’s Proposal. In addition, if the evaluation criteria included price, all of the Proposers on the modified short list will be given the opportunity to submit best and final fee schedules; and final ranking provided by the Selection Committee will be based on the best and final Offers. For purposes herein, the reference to “best and final” will not serve to alter the City Manager’s authority from requiring a short listed Proposer to submit a revised Offer.

Note: If this Request for Proposals will use Federal Funding, this section will not apply.

5.10. 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.

5.11. 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.

5.12. 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.

5.13. 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.

5.14. 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.

5.15. TAXES

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

5.16. 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.

5.17. 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.

5.18. 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.

5.19. NO COSTS

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

Proposal.

5.20. 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.

5.21. 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. 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 employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United

States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

Withholding for unpaid wages and liquidated damages. The City of Daytona Beach or State of Florida shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the

Contractor or subcontractor under any such Contract or any other Federal contract with the same prime

Contractor, or any other federally-assisted Contract subject to the Contract Work Hours and Safety

Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

B. Rights to Inventions Made Under a Contract or Agreement

This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard

Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and

Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” The Contractor must comply with the requirements of 37

C.F.R. Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under

Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency.

If the FEMA award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-

Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small

Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F)

C. Clean Air Act

This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant.

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to report each violation to The City of Daytona Beach and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency

Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

D. Federal Water Pollution Control Act

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The Contractor agrees to report each violation to The City of Daytona Beach (City) and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal

Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

E. Suspension and Debarment

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

This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the

Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified

(defined at 2 C.F.R. §180.935).

The Contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by State of Florida, The City of Daytona

Beach If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2

C.F.R. pt. 3000, subpart C, in addition to remedies available to State of Florida and The City of Daytona

Beach, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

F. Byrd Anti-Lobbying Amendment

This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2

C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Contractors must sign and submit APPENDIX A, 44.C.F.R PART 18 - CERTIFICATION REGARDING LOBBYING with each bid or offer exceeding $100,000.00.

G. Procurement of Recovered Materials

This requirement applies to all contracts awarded by a non-federal entity under FEMA grant and cooperative…