2670RFP_-_Unarmed2C_Uniformed_Security_Guard_Services_at_Halifax_Harbor_Marina.pdf

1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is hereby soliciting responses from qualified Consultants to provide Unarmed, Uniformed Security Guard Services at the Halifax Harbor Marina.

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:

Business Enterprise Management

1.3. Timeline

Release Project Date September 24, 2026

Pre-Proposal Meeting (Non-Mandatory) October 2, 2026, 10:00am

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Request For Proposal #2670RFP Title: 2670RFP - Unarmed, Uniformed Security Guard Services at Halifax Harbor Marina

Question and Request for Interpretation

Submission Deadline

October 22, 2026, 5:00pm

Proposal Submission Deadline October 29, 2026, 2:00pm

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2. DEFINITIONS

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

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

PROVISIONS.

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

Solicitation:

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

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

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

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

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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 WORK

The City of Daytona Beach is seeking a qualified Contractor to provide Unarmed, Uniformed Security

Guard Services at the Halifax Harbor Marina, located at 450 Basin Street, Daytona Beach, FL 32114.

GENERAL

Security guard services are required seven (7) days per week, ninety-eight (98) hours per week (14 hours per day), between the hours of 5:30pm and 7:30am, with additional holiday days/hours as follows:

o Thanksgiving Day - 7:30am to 5:30pm o Christmas Eve - 12:30pm to 5:30pm o Christmas Day - 7:30am to 5:30pm o Additional services may be required for periods not covered above.

No security guard shall be scheduled nor permitted to work more than fourteen (14) hours consecutively, except for bona fide emergency substitution of another security guard originally scheduled. The

Contractor shall not circumvent this requirement by having an employed security guard work a shift at another contracted location immediately preceding the scheduled or actual shift at the either location.

Failure of the Security contractor to provide acceptable security guard individuals or replace an unsatisfactory security guard upon one day’s notice shall be considered a breach of contract.

The Security Contractor must hold an active Class D license within the State of Florida and have all required licensure to perform Security Guard services for the City.

Security guards provided by the Contractor will be bona fide employees of the Contractor and shall be provided salaries, insurance, Workers’ Compensation coverage, uniforms, equipment, and basic security services indoctrination by the Contractor.

3.2. DAILY RESPONSIBILTIES OF THE CONTRACTOR

Contactor will provide unarmed security guard services including but not limited to the following:

• Continuous security monitoring rounds of all docks, which shall include gully-alert observing, smelling, listening for anything unusual, and scanning the Deggy points.

o The security guard must always be alert and aware of any perceived threat to customer vehicles throughout the Marina.

• Issue gate keys.

• Instruct customers where bathhouses and laundry room are located.

• Provide a welcome packet to late arriving customers.

• Security guards will complete an incident report for any and all incidents during their shift.

3.3. STANDARDS OF APPEARANCE & UNIFORM REQUIREMENTS

Standards of appearance and security guard uniform requirements are as follows:

• Security guards provided by the Contractor will be required to have a neat, clean, well-groomed appearance, including shoes, clothing, facial hair (if any), and hair.

• Standards of appearance are at the discretion of the City with the understanding that any individual may be rejected by the City solely based on proper appearance according to City standards.

• Security guard uniforms shall consist of neatly maintained black or brown soft-soled, non-marking shoes or sneakers; regulation uniform shirt with authorized shield; matching black, blue, or brown trousers; and regulation cap with authorized shield.

• The Contractor shall be responsible for providing uniforms, and additional foul weather gear appropriate for inclement or severe conditions, including a waterproof coat with hood, pants, and waterproof boots.

• Security guards will be additionally uniformed with black or brown belt (as appropriate), suitable for carrying equipment carriers and hanging ancillary items. Each individual security guard shall possess an adequate working flashlight during hours of darkness as a part of the uniform.

3.4. EQUIPMENT PROVIDED BY THE CITY

The following is a summary of equipment provided by the City, and intended use by Contractor:

• The City will supply a cell phone to the Security Guard for Official Use Only. Security guards shall keep the cell phone “on” and in their possession at all times. All City-owned equipment will be returned to the City at the end of each day’s shift.

• The City will also provide Security Guards with transient keys, a logbook, welcome packets, a handheld VHF radio, CODB handheld police radio and a handheld spotlight.

• Radios shall be in the “on” position at all times. Proper frequencies will be authorized by the Police

Department. The radio shall be used for problems encountered by the security guard during the security tours of the Halifax Harbor Marina. Diligent care must be taken in the handling of the radio.

• The City will provide and maintain the Deggy Control Guard Tour System, which consists of:

o Deggy Control Software o Deggy App on security phone o Deggy Buttons.

• The Deggy Guard Tour System is essential for ensuring the security guards are completing their required rounds throughout the Marina.

• Deggy buttons are mounted on every gate, at the end of each dock, at each bathhouse, around the marina office and park. The security Agency will be responsible for any damage or loss of the equipment while in the possession of any one of the security Agency’s employees.

• The City may elect to provide time clocks and stationary keys at various fixed locations throughout the Marina complex.

• The City will also provide a phone to the General Managers for use in contacting City personnel should the need arise.

• The City will provide the security guards with a dock check that will give the name and location of all boats and the names of their respective skippers.

• The Contractor will be responsible for any damages or loss of the equipment while in the possession of any one of the Contractor employees.

3.5. EQUIPMENT PROVIDED BY THE CONTRACTOR

The following equipment will be provided by the Contractor:

• The Contactor will supply all forms, DAR reports and formats.

• Personnel deterrent items (such as MACE) weapon, nightstick, and other protection devices.

• The Contractor shall provide transportation for the uniformed security guard during the course of duty. Such transportation shall display large signs indicating that it is a security vehicle.

3.6. TRAINING, HIRING, & SUPERVISION

General:

• The Contractor shall be responsible for hiring, initial training, certification, licensing, scheduling, and employer supervision of all guards.

• The Contractor shall be responsible for orientation, definition of duties, and special guidelines relevant to duties performed by security guards for the Marina. Any and all persons provided by the Agency to perform security guard duties for the Marina must be approved by the Marina, and the City reserves the right to remove any individual from the schedule or bar any individual guard from performing security guard services for the Marina.

• The Contractor is responsible for conducting any and all required background checks for its personnel at no expense to the City. All security guards used by the Contractor at City facilities will be cleared by the Contractor as required by Florida State Statutes prior to being scheduled or placed on the City’s premises.

• The Contractor shall have established office personnel readily available on a 24 hour per day, 7 days a week basis with supervisory personnel to be available to respond to the needs of the facility including on site supervision. A telephone contact name and number for this service shall be provided to the Marina prior to commencing work.

3.7. PAYMENT

Services shall be paid at a per-hour-rate per security guard, covering all stated activities. The cost per guard per hour shall reflect current requirements for compliance with Federal Fair Wage and Hours Law standards.

Timesheets will be submitted with each request for payment.

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

In order to be considered qualified to perform the requested Services, the Proposer must have a Class D

Security License currently active in the State of Florida, must have a permanent, successful operation for a minimum of three years prior to the date of submission of Bids, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Services. A current copy of the

Class D Security License must be uploaded with Proposal Submission.

4.2. 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. Prohibition Against Considering Social, Political, or Ideological Interests

Pursuant to Florida Statutes § 287.05701, the City shall not consider, give preference based upon, or request documentation regarding a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.

5. GENERAL CONDITIONS

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

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

City Commission. A copy of Chapter 30 may be obtained upon request.

5.1. ELECTRONIC PLATFORM

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

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

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

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

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

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

5.2. REQUESTS FOR INTERPRETATIONS

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

5.3. ADDENDA TO SOLICITATION DOCUMENTS

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

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

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

Solicitations” link.

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

Addenda/Questions and Answers.

https://procurement.opengov.com/portal/codb/projects/296375/document?section=2848771

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. 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. DRUG FREE WORKPLACE

The selected Proposer must provide the Drug Free Workplace Form in accordance with Florida Statute

287.087, prior to Contract award.

5.22. PROHIBITION OF LOBBYING

Except for negotiations authorized by the City Purchasing Code, the Consultants Competitive Negotiations

Act, or other state or federal law, lobbying by the Proposer, or the Proposer’s principals, officers, employees, attorneys, or other agents, is strictly prohibited during the Blackout Period. Lobbying in violation of this section may cause the Offer to be rejected. “Lobbying” means influencing or attempting to influence action or non-action in connection with this Solicitation or the Offer, through direct or indirect oral or written communication with the Mayor, any member of the City Commission, the City Manager, or any other City employee.

The following activities are not within the definition of “lobbying,” and are permitted: requests for clarification submitted to the Purchasing Agent in accordance with this Solicitation, discussions with the

Selection Committee as part of the selection process, the submission of additional information in response to a request by the City and addressing the City Commission during the City Commission meeting at which the Contract is awarded, or all Offers are rejected.

The Blackout Period begins on the date that this Solicitation is issued and ends when the Contract is awarded or all Offers are rejected.

6. INDEMNIFICATION & INSURANCE REQUIREMENTS

6.1. Indemnification

Indemnification.

The CONTRACTOR hereby indemnifies and holds harmless the CITY from and against, all liabilities, damages, losses, and costs, including but not limited to reasonable attorneys' fees, arising out of or resulting from the Work provided that the liabilities, damages, losses, and costs are caused in whole or in part by any negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR, or any subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise.

6.2. Insurance

Insurance

CONTRACTOR will provide and maintain at CONTRACTOR’s own expense, at a minimum insurance of the kinds of coverage and in the amounts set forth in this Section. All such insurance will be primary and non-contributory with the CITY’s own insurance. In the event any request for the performance of services presents exposures to the CITY not covered by the requirements set forth below, the CITY reserves the right to add insurance requirements that will cover such an exposure.

(a) Coverage and Amounts.

(1) Workers Compensation Insurance as required by Florida Statutes, Chapter 440, Workers’

Compensation Insurance, for all employees of CONTRACTOR, employed at the site of the service or in any way connected with the work, which is the subject of this service. The insurance required by this provision will comply fully with the Florida Workers’ Compensation Law and include Employers’ Liability

Insurance with limits of not less than $500,000 per occurrence. Any associated or subsidiary company involved in the service must be named in the Workers’ Compensation coverage.

(2) Liability Insurance, including:

(i) Commercial General Liability coverage for operations, independent contractors, products-completed operations, broad form property damage, and personal injury on an "occurrence" basis insuring

CONTRACTOR and any other interests, including but not limited to any associated or subsidiary companies involved in the work; and

(ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle used by the CONTRACTOR in the performance of this Contract.

The limit of liability for each policy will be a combined single limit for bodily injury and property damage of no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, then the aggregate will be in an amount of no less than $2,000,000. The Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager’s sole discretion.

THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE CITY AS AN ADDITIONAL

INSURED. CONTRACTOR’S Commercial General Liability insurance policy shall provide coverage to

CONTRACTOR, and CITY when required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG

00 01) without the attachment of any endorsements excluding or limiting coverage for

Products/Completed Operations, Independent Contractors, Property of CITY in Contractor’s Care, Custody or Control or Property of CITY on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds). When

CITY is added as additional insured by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide such Additional Insured status.

Unless specifically waived hereafter in writing by the Risk Manager, Contractor agrees that the insurer shall waive its rights of subrogation, if any, against the City on each of the required insurance coverages in this section.

(b) Subcontractors’ Insurance. Each of CONTRACTOR’S subcontractors will be required to provide insurance in substantially similar form to the insurance required of CONTRACTOR above based on services provided.

(c) Proof of Insurance. CONTRACTOR will furnish proof of insurance acceptable to the CITY prior to or at the time of execution of this Contract. CONTRACTOR will not commence work until all proof of all required insurance has been filed with and approved by the CITY. CONTRACTOR will furnish such proof in the form of certificates of insurance which will clearly outline all hazards covered as itemized above, the amounts of insurance applicable to each hazard, and the expiration dates. The certificates will also contain the following language as to cancellation:

“In the event of cancellation of this policy by the insurer or any insured, this Company will give not less than 30 days advance written notice to:

Risk Manager

The CITY of Daytona Beach

P.O. Box 2451

Daytona Beach, Florida 32115-2451”

If requested by the CITY, CONTRACTOR will furnish copies of the insurance contracts to support the certificates of insurance and the copies of said insurance must be acceptable to the CITY.

(d) Cancellation; Replacement Required. CONTRACTOR will file replacement certificates 30 days prior to expiration or termination of the required insurance occurring prior to the acceptance of the work by the

CITY. If a required policy is canceled without CONTRACTOR’s prior knowledge CONTRACTOR will immediately notify the CITY immediately upon becoming aware that a required insurance coverage has been canceled for any reason, and promptly replace the canceled policy. The CITY expressly reserves the right to replace the canceled policy at CONTRACTOR’S expense if CONTRACTOR fails to do so.

(e) Termination of Insurance. CONTRACTOR may not cancel the insurance required by this Contract until the work is completed, accepted by the CITY and CONTRACTOR has received written notification from the Risk Management Division of the CITY that CONTRACTOR may cancel the insurance required by this

Contract and the date upon which the insurance may be canceled. The Risk Management Division of the

CITY will provide such written notification at the request of CONTRACTOR if the request is made no earlier than two weeks before the work is to be completed.

(f) Liabilities Unaffected. CONTRACTOR’s liabilities under this Contract will survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages.

Similarly, CONTRACTOR’s liabilities under this Contract will not be limited by the existence of any exclusions or limitations in insurance coverages, or by CONTRACTOR’S failure to obtain insurance coverage.

CONTRACTOR will not be relieved from responsibility to provide required insurance by any failure of the

CITY to demand such coverage, or by CITY’s approval of a policy submitted by CONTRACTOR that does not meet the requirements of this Contract.

Notices. Unless otherwise expressly agreed herein, all notices, requests, and demands to or upon the

Parties will be delivered by hand, delivered by a courier service, provided to a nationally recognized delivery service for overnight delivery, or by U.S. mail, postage prepaid by registered or certified mail, return receipt requested, to the addresses set forth herein.

7. PROPOSAL SUBMITTAL AND REQUIREMENTS

7.1. PROPOSAL SUBMITTAL AND REQUIREMENTS

The purpose of the Proposal Submission and Requirements Sectio nis to demonstrate the qualification, competence and capacity of the Proposers seeking to provide the requested Goods or Services to The City of Daytona Beach in conformity with the requirements of this solicitation. As such, the substance of

Proposals will be evaluated based on what is deemed to be in the best interest of the City.

Proposers should provide all information to be considered responsive. Qualifications will be evaluated based on the responsiveness of the Proposer's submission. The evaluation factors will determine the

Proposer's understanding and capacity to perform the required services of this solicitation. The maximum points that shall be awarded for each of the evaluation factors are detailed and described below.

TAB 1: EXPERIENCE AND RELATED EXPERTISE

• Provide the Proposer’s number of years in business; organization type, (corporation, partnership, sole proprietorship), location of office(s); and number of employees.

• Provide an overview which establishes the proposer’s ability to satisfactorily perform the scope of services by showing:

o Demonstrated competence in the services to be provided.

o Competitive advantages over others within the same industry; strength and stability as a business concern, and o Noteworthy qualifications for providing the required services to the City. Specifically highlight those qualifications that distinguish you from your competitors.

• Designate a General Manager who would be ultimately responsible for the management of the project, providing day-to-day direction of the required work.

o Provide education, experience, and professional credential of General Manager and other key personnel who will be assigned to this contract.

TAB 2: APPROACH TO REQUIRED SERVICES

This section of the Proposal identifies key personnel assigned to the project and determines qualifications of overall project team in relation to the Scope of Services.

• Demonstrate Proposer's ability to meet City’s objectives and requirements as outlined within the Scope of Services.

• Describe the Proposer’s approach for accomplishing daily tasks on Marina Property.

• Outline clearly and concisely the plan for accomplishing the specified work.

• Provide detailed information on how respondent will communicate with the assigned City personnel prior to, during and after the job commencement.

TAB 3: RECOMMENDATIONS FROM OTHER CONTRACTED ENTITIES

• Identify at least three (3) current and three (3) former clients the City may contact as references and who can attest to your expertise to perform these services.

o Provide details on work performed and information regarding the contract term for…