2658RFP_-_Employee_Benefits_Consulting_Services.pdf

1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is hereby soliciting responses from qualified Consultants to provide employee benefits consulting services that includes insurance marketing and placement services, policy review and coverage verification, and risk management consulting.

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:

Risk Management

1.3. Timeline

Release Project Date July 14, 2026

Pre-Proposal Meeting (Non-Mandatory) July 22, 2026, 3:00pm

Join:

https://teams.microsoft.com/meet/298020661649

10?p=UL4zW1iugcegCweNcH

Meeting ID: 298 020 661 649 10

Passcode: ba3p8oJ9

Dial in by phone

+1 312-667-7230,,618012662# United States, Chicago

Phone conference ID: 618 012 662#

Question and Request for Interpretation

Submission Deadline

August 11, 2026, 5:00pm mailto:purchasing@daytonabeach.gov tel:(386)671-8082 https://teams.microsoft.com/meet/29802066164910?p=UL4zW1iugcegCweNcH https://teams.microsoft.com/meet/29802066164910?p=UL4zW1iugcegCweNcH

Request For Proposal #2658RFP Title: 2658RFP - Employee Benefits Consulting Services

Proposal Submission Deadline August 18, 2026, 2:00pm

Join:

https://teams.microsoft.com/meet/263638953361

599?p=Q0cSH2aqgAC06hhD70

Meeting ID: 263 638 953 361 599

Passcode: Z7aS2YX6

Dial in by phone

+1 312-667-7230,,708972017# United States, Chicago

Phone conference ID: 708 972 017#

Selection Committee Meeting (Non-

Mandatory) (Non-Mandatory)

September 1, 2026, 2:00pm

Teams

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

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.

https://teams.microsoft.com/meet/263638953361599?p=Q0cSH2aqgAC06hhD70 https://teams.microsoft.com/meet/263638953361599?p=Q0cSH2aqgAC06hhD70

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. SERVICES REQUIRED

The Selected Proposer will work with the City of Daytona Beach's Risk Management Division as Consultant for its employee benefits program, as needed by the City. The selected Proposer must be able to provide insurance placement and related risk management consulting services to the City for employee benefits for City employees, their dependents and retirees including but not limited to health insurance, dental insurance, life insurance, disability insurance, accidental death and dismemberment, travel accident, and statutory death benefits for police and fire.

A. Insurance Marketing and Placement 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. Solicit and receive insurance proposals and perform analyses to determine which proposals offer the best combination of costs, services, and coverage.

3. Assist the City in negotiating coverages, policy language, services, limits, retentions, and price with the proposed insurers. Provide expertise in negotiations with insurers to obtain acceptable policy terms and conditions and in the preparation of manuscript forms and endorsements, if necessary.

4. Comply with Section 112.08 Florida Statutes and the City's purchasing codes and procedures for obtaining insurance coverage.

5. Assist the City in preparing for and conducting open enrollment including providing a full functioning on-line enrollment administration system, if requested by the City. The on-line enrollment administration system shall include an on-line open enrollment function and the capability to allow plan participants to make eligible changes to their benefits throughout the plan year and provide report making capabilities to allow the City and benefit provider(s) to track changes and run reports as needed. The City reserves the right to terminate its use of the on-line benefits enrollment platform at any time and platform vendor will assist the

City with the wind-down including, but not limited to, the migration of benefits data.

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 with 45 days after inception.

2. Review and evaluate new and renewal policies, endorsements or related documents affecting coverage, services, or costs.

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

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

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

6. Ensure that the City's employee benefits insurance coverage complies at all times with any and all state and federal laws and regulations.

C. Dispute Resolution

1. Assist the City in resolving any coverage disputes for losses from insurance companies and assist in resolving insurance benefit disputes (including billing) with insurance companies.

D. 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, benefit issues, potential exposures, and other issues.

The Proposer agrees to be available at all times upon reasonable requests to meet with City staff, in order to fulfill the responsibilities of this Agreement.

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

A. Proposer must provide proof that they meet the following minimum requirements:

1. The Proposer and its employees must have all necessary current professional licenses issued by the Florida Department of Financial Services for procurement of the types of insurance for which they wish to act as consultants for the City.

2. The Proposer must assign a servicing team to provide consultant services to the City, which has at least a marketing account executive and a customer service representative. At least one member of the service team must have at least five years of experience providing services to cities and/or other governmental entities.

3. The Proposer’s firm must possess a minimum of 10 years of employee benefits placement and consulting experience, and the primary business of the Proposer shall be in the insurance business.

4. At least one member of the Proposer’s service team must have at least five years’ experience working with an employer with at least 1,000 employees.

B. The Proposal submitted must include sufficient information for the City to verify that the minimum requirements are met.

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, https://procurement.opengov.com/portal/codb/projects/281164/document?section=2713076 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.

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. 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 agreement programs.

In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

• Competitively within a timeframe providing for compliance with the contract performance schedule;

• Meeting contract performance requirements; or

• At a reasonable price.

Information about this requirement, along with the list of EPA- designated items, is available at EPA’s

Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste

Disposal Act.

H. Prohibition on Contracting for Covered Telecommunications Equipment or Services

(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-

143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services

(Interim), as used in this clause.:

(b) Prohibitions.

Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-

232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:

(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Exceptions. This clause does not prohibit contractors from providing:

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles

By necessary implication and regulation, the prohibitions also do not apply to:

(i) Covered telecommunications equipment or services that:

i. Are not used as a substantial or essential component of any system; and

ii. Are not used as critical technology of any system

(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

(d) Reporting requirement.

In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number;

the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier

Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

I. Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;

aggregates such as concrete; glass, including optical fiber; and lumber.”

J. Access to Records.

The following access to records requirements applies to this contract:

The Contractor agrees to provide State of Florida, the City of Daytona Beach, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and trasnscriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or their authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with the Disaster Recovery Act of 2018, the State of Florida, The City of Daytona Beach, and the Contractor acknowledge and agree that no language in this he United States.

K. Changes. Contractor shall comply with all applicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of the contract.

To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.

L. Department of Homeland Security (DHS) Seal, Logo, and Flags

Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).

The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

M. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract.

The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

N. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

O. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that

31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

P. Copyright and Data Rights. The Contractor grants to The City of Daytona Beach, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to The City of Daytona Beach or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract.

Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to The City of

Daytona Beach data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by The City of Daytona Beach.

Q. Drug Free Workplace Requirements Drug-free workplace requirements in accordance with Drug Free

Workplace Act of 1988 (Pub l 100-690, Title V, Subtitle D). All contractors entering into Federal funded contracts over $100,000 must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of

1988. The Contractor shall comply with this requirement.

R. Mandatory Disclosures The contractor must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.

S. Record Retention. Contractor will retain of all required records pertinent to this contract for a period of five years (after closeout of the disaster), beginning on a date as described in 2 C.F.R. §200.334 and retained in compliance with 2 C.F.R. §200.334. This provision is supplemental to other provisions in this Agreement.

T. Safeguarding Personal Identifiable Information. Contractor will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, State and/or local…