A_-_25-04-RFP_Sebastian_Municipal_Airport_Barrier_Netting.pdf

REQUEST FOR PROPOSAL

25-04-RFP

SEBASTIAN MUNICIPAL AIRPORT BARRIER NETTING

Contact Person

Jessica Graham, CPPB

Procurement/Contracts Manager

Phone: (772) 388 – 8231

Email: jessgraham@cityofsebastian.org

*Dates in this schedule occurring after the release date may be amended by the City.

The City reserves the right to delay or modify dates and will notify Proposers of all changes.

It is the Proposer’s responsibility to check for addenda associated with this solicitation.

PROPOSED SCHEDULE

EVENT DATE TIME

RELEASE DATE: Friday, October 25, 2024 -

PRE-PROPOSAL MEETING Tuesday, November 12, 2024 10:00 AM Local Time

QUESTIONS DUE DEADLINE: Friday, November 15, 2024 2:00 PM Local Time

PROPOSAL DUE DATE: Monday, November 25, 2024 2:00 PM Local Time

EVALUATION MEETING

Tentative – Week of December

2nd

TBD

2ND EVALUATION MEETING (IF NEEDED) TBD TBD

RECOMMENDATION OF AWARD –

CITY COUNCIL MEETING

TBD 6:00 PM Local Time

PROPOSAL SUBMITTAL

All proposals must be submitted via VendorLink electronically https://www.myvendorlink.com/.

mailto:jessgraham@cityofsebastian.org https://www.myvendorlink.com/

In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre-proposal conference or proposal opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements.

REQUEST FOR PROPOSAL

The City of Sebastian Municipal Airport has an existing net structure that is 30’ tall. However, the current structure is not tall enough to stop golf balls hit from the Golf Course Driving Range. We need a solution to stop the golf balls from reaching the airport hangars. The proposed solution must include all labor, materials, equipment, transportation, supervision, etc.

ELECTRONIC Proposal Security

Electronic proposal security shall be submitted by the proposer and made payable to the City of Sebastian in an amount of not less than five percent (5%) of the total proposal price. A contractor may file an alternative form of security in cash, a money order, a certified check, a cashier’s check, or a domestic corporate bond, note, or debenture as authorized in s. 625.317. The electronic proposal security shall be issued by a company with a registered agent in Florida. Personal or business checks are not acceptable.

RFP SUBMITTAL

Proposals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by procurement.

All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates.

It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted.

PRE-PROPOSAL MEETING

A non-mandatory pre-proposal meeting will be held on Tuesday, November 12, 2024, at 10:00 AM local time at the City of Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958. A site visit will be held immediately after the pre-proposal meeting.

QUESTION DEADLINE

The deadline to submit questions concerning this RFP will be Friday, November 15, 2024, by 2:00 PM local time. Any and all questions or communication regarding this RFP should be emailed only to the City’s

Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone representing the proposer) regarding this RFP with the City Council or a City employee/representative other than this point of contact is grounds for disqualification.

PROPOSAL OPENING

All sealed proposals are due by Monday, November 25, 2024, by 2:00 PM local time.

The proposal opening will be held virtually. Proposals will be opened at 2:15 PM local time. Only the

NAME of the firms who submitted a response to this Request for Proposal will be read aloud.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0625/Sections/0625.317.html mailto:kkillgore@cityofsebastian.org

Meeting Information:

https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df

Meeting ID: 136259113

Password: JhzXZgfvah

Or dial:

+1 (650) 419-1505 United States (San Mateo, CA)

Access Code / Meeting ID: 136259113

Dial-in password: 5499943824

All proposals submitted to the city become public record unless exempt under Florida or other law as outlined above herein.

Late proposals will not be opened or announced. Proposers have the option of picking up or paying for the mailed return of their late, unopened Proposal. If this option is not exercised within five (5) days of the

Proposal Opening date, the late, unopened Proposal will be disposed

At its sole discretion, the City may reject any and all proposals or accept any proposal or portion thereof deemed to be whatever is in its best interest and to waive any non-substantial irregularities.

Date Advertised: October 25, 2024

Publication: Indian River Press/TCPalm

By: Jessica Graham, CPPB

Procurement Manager https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df

TABLE OF CONTENTS

REQUEST FOR PROPOSAL 2

TABLE OF CONTENTS 4

SECTION 1 – SCOPE OF WORK 5

SECTION 2 – GENERAL TERMS AND CONDITIONS 8

SECTION 3 - FEDERAL AWARD PROVISIONS 22

SECTION 4 – FEDERAL AWARD PROVISIONS - FEMA 25

SECTION 5 – SPECIAL CONDITIONS 26

SECTION 6 – EVALUATION PROCEDURE 33

SECTION 7 – REQUIRED FORMS 38

• CONTACT INFORMATION SHEET 39

• CORPORATE RESOLUTION 40

• NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER 41

• DRUG-FREE WORKPLACE PROGRAM 42

• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 43

• CERTIFICATION REGARDING LOBBYING 44

• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 45

• REFERENCE LIST 46

• SUBCONTRACTOR LIST 47

• ADDENDA ACKNOWLEDGEMENT 48

• TRENCH SAFETY ACT 49

• PROPOSAL SECURITY 50

SECTION 8 – PROPOSAL PRICE FORM 51

SECTION 1 – RFP INFORMATION

1.1 SCOPE OF WORK

1.1.1 The City of Sebastian Municipal Airport has an existing net structure that is 30’ tall, with poles spaced at 50’ intervals. The City is looking for a 50’ structure to stop golf balls from hitting the City's Airport.

1.1.2 To achieve a new 50’ height, it appears we need to increase the height of the three net panel areas on the north end of the set from 30' to 50', retaining the existing nets and adding one all-new panel with a 50' height and 50' length that extends north from the last pole/support currently in place.

1.1.3 The City is open to any solutions that extend, replace, or enhance the current net structure to a height of 50 feet.

1.1.3.1. Each solution should include the following:

A. The 30' netting is new; we would prefer to keep it in use if possible.

B. Netting shall be black.

C. Netting shall resist mold, fungus, and high daily temperature/Florida sun exposure.

D. Provide all anchoring hardware and cable needed for installation; this is a turn-key project.

1.2 CURRENT BARRIER NETTING

1.3 PERMITTING

1.3.1 The contractor shall be responsible for permit application and all associated fees for all required permits from the State of Florida, the City of Sebastian, and Indian River County.

1.3.2 All work covered by the technical codes will require a permit from the City of Sebastian

Building Department. This includes constructing, enlarging, altering, repairing, moving, demolishing, changing occupancy or use, erecting, installing, converting, or replacing any building or structure, electrical, plumbing, mechanical, gas, fire alarm, or fire sprinkler system. The contractor shall procure and pay for all licenses and bonds necessary for the prosecution of the work and/or required by municipal, state, and federal regulations, laws, and procedures unless specifically provided otherwise in the bid documents. For more information on the City of Sebastian Building Department, please visit https://www.cityofsebastian.org/171/Building-Business-Tax.

1.4 CONTRACTOR MINIMUM QUALIFICATIONS

1.4.1 Bidders that do not meet the minimum requirements listed herein as determined by the

City, at its sole discretion, will be deemed non-responsive and not considered for award.

All decisions made by the City are final.

1.4.2 No contract will be awarded to any BIDDER who, as determined by the CITY, has an unsatisfactory performance record, inadequate experience, lack of organization, labor, and equipment to perform the required services, and is in arrears to the CITY on a debt or contract or is a defaulter on surety to the CITY or whether the BIDDER’s taxes or assessments are delinquent. The City has the right to disqualify any BIDDER that does not meet any or all qualifications necessary as determined by the City.

1.4.3 Contractor shall be licensed to perform the services listed in this solicitation.

1.4.4 Contractor must have a minimum of three (3) years of experience installing driving range netting or comparable sports netting of a similar size, scope, and complexity for government or commercial businesses, and the Contractor must have an office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year; and

1.4.5 Before a permit is issued, the contractor and subcontractors (if applicable) must register with the City of Sebastian Building Department.

1.4.6 If the bidder's business is located in Sebastian, FL, or Indian River County, they must provide a copy of their business tax receipt.

1.5 ELECTRONIC SECURITY

1.5.1 Electronic proposal security shall be submitted by the proposer and made payable to the

City of Sebastian in an amount of not less than five percent (5%) of the total proposal price. A contractor may file an alternative form of security in cash, a money order, a certified check, a cashier’s check, or a domestic corporate bond, note, or debenture as authorized in s. 625.317. The electronic proposal security shall be issued by a company with a registered agent in Florida. Personal or business checks are not acceptable.

https://www.cityofsebastian.org/171/Building-Business-Tax http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0625/Sections/0625.317.html

1.6 OTHER

The contractor will appoint one of their employees as the key contact for approval by the City’s

Project Manager. The city believes that the service required is adequately described herein.

Therefore, any negotiated contract may include the entire effort required of the bidder to provide the service described. Specifically, no additional fees will be allowed for any further services performed or for any reason whatsoever except those directly attributable to the City’s errors or omissions.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SECTION 2 – GENERAL TERMS AND CONDITION

2.1 DEFINITIONS

2.1.1. Request for Proposal (”RFP”): This solicitation document, including any and all addenda.

2.1.2. City: Refers to the City of Sebastian.

2.1.3. Days: Refers to calendar days, unless otherwise stated.

2.1.4. Contract or Agreement: Request for Proposal, all addenda issued thereto, all affidavits, the signed agreement, and all related documents comprising the totality of the agreement between the City and the Contractor.

2.1.5. Contractor: Selected proposer awarded a contract to provide the goods or services to the

City.

2.1.6. Proposal: Submission in response to this RFP.

2.1.7. Proposer: Contractor submitting a response to this RFP, “pre-award”.

2.1.8. Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the RFP.

2.1.9. Responsive Proposer: Proposer whose proposal fully conforms in all material respects to the RFP and its entire requirement, including form and substance.

2.1.10. Shall, Must and Will: Interpreted as mandatory language.

2.2 EXTENSION

In addition to any renewal options contained herein, the City has the right to extend any award resulting from this RFP for the period necessary for the City to release, award, and implement a replacement agreement for the commodities and/or contractual services provided in this RFP. Such extension shall be based upon the same prices, terms, and conditions outlined in this RFP.

2.3 CANCELLATION

The City reserves the right to cancel this RFP, in whole or in part, when it is in the City’s best interest. Notice of cancellation will be posted on VendorLink.

2.4 RFP GUARANTEE

RFP submittals may not be withdrawn after the RFP due date. The proposer shall warrant that the unit prices, terms, and conditions quoted in the RFP shall be for a period of not less than ninety (90) days from the solicitation opening date. Such unit prices, terms and conditions shall remain in effect for the contract period.

2.5 PROPOSAL SUBMISSION

2.5.1. Proposals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by procurement.

2.5.2. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates.

2.5.3. It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The Contractor is responsible for allowing adequate time to upload their submittal on VendorLink. If technical difficulties arise during the submission of the solicitation response, it is the Contractor’s responsibility to contact VendorLink technical support at support@evendorlink.com. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or ZIP file formats and printing must be enabled on all files submitted.

2.6 EXECUTION OF RFP SUBMITTAL

Each RFP submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. Only the terms and conditions of this RFP, as released by the City or amended via addendum, are valid. Any modification to any term or condition by the contractor is not binding unless it is expressly agreed to in writing by the City in advance.

2.7 INTERPRETATION OF RFP DOCUMENT

No interpretation of the meaning of this RFP document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this RFP, and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the City’s procurement manager. Inquiries must reference the date of RFP opening, RFP title, and RFP number. Interpretation of the RFP, clarification of proposal specifications, and changes to the RFP shall be communicated by written addenda only. Only the written interpretation or correction given by the procurement manager shall be binding. Verbal responses shall be considered inadmissible in RFP protest proceedings. Proposers are advised that no other source is authorized to interpret, explain, clarify or give information regarding the RFP documents. Written addenda shall be signed by the proposer and returned with the proposal. Failure to return such addenda may constitute cause for rejection of a proposal.

2.8 PUBLIC RECORDS

Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all proposers’ responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the

RFP opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the proposer believes any of the information contained in his or her response is exempt from the Public Records Law, the proposer must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT JEANETTE

mailto:support@evendorlink.com

WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-

388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF

SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.

2.9 NON-COLLUSION

By submitting a RFP, proposer certifies that all information contained in the RFP is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this RFP is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. Proposer further certifies that proposer has not divulged discussed, or compared this RFP with other RFPs and has not colluded with any other proposer or parties to the RFP. Any violation of this provision will result in the cancellation and/or return of proposers’ materials (as applicable) and the removal of the RFP from the list(s).

2.10 CONFLICT OF INTEREST

The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All proposers shall disclose within their RFP to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, all proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm or any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation.

The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities.

Should the successful proposer permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the proposer prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City.

2.11 PROTEST PROCEDURE

Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this RFP or who is adversely affected by a decision of the

City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value.. The Notice of

Intent to Protest and formal written protest shall be filed at the following address:

Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a

Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

2.11.1. Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts

Manager shall promptly investigate the basis of the protest and, after consultation with the originating department, the City Attorney or any other person or entity deemed necessary, the mailto:jwilliams@cityofsebastian.org

Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the

Procurement/Contracts Manager to be directly affected by the decision. The decision shall: a) State the decision and the basis for the decision, and b) Set forth the protestor’s right to administrative review.

2.11.2. Administrative Review – If the protestor disagrees with the decision of the

Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided written notice of such appeal shall be submitted by the protestor to the

Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award.

Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body.

2.11.3. Stay of Procurement – In the event of a timely and properly filed protest, the

Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City.

2.12 NO-CONTACT PERIOD / LOBBYING

During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, Mayor, City Manager, any Procurement Official, or any City employees except any designated Procurement Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving

RFP protests. The No-Contact Period shall commence on the initial date of the advertisement for this RFP and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the proposer from consideration.

2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES

Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the part of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the

Contractor.

2.14 INDEPENDENT CONTRACTOR RELATIONSHIP

The contractor is, and shall be, in the performance of all Services and activities under this

Agreement, an independent contractor, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed under this agreement shall at all times, and in all places, be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the contractor’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City. The contractor does not have the power or authority to bind the City in any promise, agreement, or representation. Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the parties or any affiliate thereof, or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the contractor. Such rejection shall not relieve the contractor of the obligation to perform all work in compliance with the RFP.

2.15 CONTRACTOR’S REPRESENTATIVE

The contractor must provide a point of contact for the term of this RFP to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordination of services, and to address other issues. If the point of contact differs between regular work hours, after-hours, weekends, and holidays, this must be provided. The contractor shall ensure that all personnel assigned to work on this project on their behalf must be dressed appropriately and clean at all times. Any person who is present on the job site on behalf of the contractor must be provided and display on their clothing proper identification at all times. The contractor must also provide the procurement division with any updates to the primary point of contact. The City reserves the right to require a change in the contractor’s point of contact at the

City’s sole discretion.

2.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK

With the consent and agreement of the contractor, purchases may be made under this RFP by other governmental agencies, political subdivisions within the state of Florida, or any other public entity.

Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own purchase order to the contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items.

2.17 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY

The City reserves the right to utilize any other contract, including, but not limited to, the following:

any state of Florida contract, any contract awarded by any other city or county governmental agencies, other school boards, other community colleges/state university system, cooperative agreements, or to directly negotiate/purchase per City policy. The City also reserves the right to RFP separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City, at any time during this agreement term.

2.18 PUBLIC ENTITY CRIMES

A "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

"Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:

2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime, or

2.18.2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or

2.18.3. Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or

2.18.4. A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

Proposer certifies that neither the entity proposing, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Where the proposer is unable to certify to all of the statement above, proposer shall attach an explanation to this RFP.

2.19 BANKRUPTCY / INSOLVENCY

At the time of RFP submission, the contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If the contractor is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, the City may, at its option, terminate and cancel the agreement, in which event all rights hereunder shall immediately cease and terminate.

2.20 TERMINATION FOR CAUSE OR CONVENIENCE

The agreement resulting from this RFP can be terminated immediately for cause if contractor is found to have failed to perform services in a manner satisfactory to the City; or the City may terminate without cause upon thirty (30) days’ written notice to the Proposer. In the event of either termination, the contractor shall be compensated for all services performed to the City’s satisfaction.

The City shall be sole judge of non-performance.

2.21 RIGHT TO REJECT

The City reserves the right to reject any or all RFP(s), to waive minor irregularities, and/or to accept the RFP(s), which in its sole judgment best serves the interest of the City.

More than one RFP from an individual, proposer or association under same or different names, will not be considered.

2.22 INVOICING

Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225

Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which indicates the basic information listed below.

a) Name of the business organization as specified on the Contract between City and Contractor

b) Date of invoice

c) Contractor’s invoice number

d) Contractor’s federal identification number on file with the state

e) City purchase order number and solicitation number

f) Unit price of the goods, services or property provided

g) Extended total price of the goods, services or property

h) Applicable discounts

i) Description of provided goods or services

j) Quantity of provided goods or services

k) Date(s) of delivery of provided goods or services

l) Location provided goods or services were delivered

Any invoice submitted as a result of the award of this RFP shall be itemized matching the items on the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for multiple line purchase orders. An invoice can only reference one purchase order number. Invoices that do not reference valid purchase order number will be returned to the contractor for resolution of the discrepancies and resubmitted.

It shall be understood that invoices shall not be authorized for payment until the work is inspected by the respective City representative and payment is approved. The City will pay the contract price minus any liquidated damages, back charges and/or other damages to the contractor upon final completion and acceptance. The City shall provide partial payments for Work completed by the contractor during various phases of the Work assignment in accordance with the unit pricing provided in their proposal subject to an agreement maximum or not to exceed amount. Failure to submit invoices in the prescribed manner will delay payment.

2.23 AVAILABILITY OF FUNDS

The obligations of the City under this agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City Council.

2.24 DIRECT PURCHASES

The City, as a holder of a current Consumer’s Certificate of Exemption, reserves the right to make direct purchases of any materials and/or equipment included in the project to achieve sales tax savings. The City shall coordinate such purchases with the Contractor. To the extent requested by the City, the Contractor will be responsible for coordinating the delivery, safekeeping, protection, insuring (as to those items that will be installed by Contractor), inspection, installation and testing of any materials purchased by the City, and for the management and administration of any warranty claims pertaining to such materials and equipment. Furthermore, furnished and installed materials directly purchased by the City will be deducted from the Contractor’s Guaranteed Maximum Price

(GMP). Contractor shall provide a bid that includes all costs to complete the project.

2.25 PAYMENT

The City will only pay the dollar amounts as authorized on the purchase order. Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the commodities or contractual services provided by the contractor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced.

Payment for partial shipments shall not be made unless specified in the purchase order. Failure to follow these instructions may result in delays in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence.

2.26 PRICE ADJUSTMENTS

2.26.1. In the event of unforeseen circumstances that directly impact the goods/services provided under this bid, the City of Sebastian will consider a price adjustment request. Upon receipt of the Contractor’s written request for a price adjustment, the City may allow an escalation equal to the Southeaster Consumer Price Index as of May 1st of that current year, not to exceed 3% of that current year’s annual contract price.

2.26.2. The Contractor shall submit the price request to the Procurement Division thirty (30) calendar days before the requested effective increase date. The City may approve a price increase at its sole discretion.

2.26.3. Any purchase order issued before the approval of the price increase will not be modified.

2.26.4. The contractor shall only be entitled to an automatic increase in labor rates due to minimum wage increases if providing a request for adjustment at least 30 days before the effective change.

2.27 CHANGE ORDERS

2.27.1. Without invalidating the contract documents, and without notice to the surety, the City of

Sebastian reserves the right to make increases, decreases or other changes in the character or quantity of the work under the bid and contract documents as may be considered necessary or desirable to complete the work in a manner satisfactory to the City of

Sebastian. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the work shown in the bid or contract documents, provided that they are within the general scope of the bid documents or contract documents.

2.27.2. All changes will be authorized only by a written change order utilizing the City’s standard form and approved in advance of the change by the designated project manager of the City.

The contractor is required to provide the project manager with a detailed cost breakdown of material costs, labor costs, labor rates by trade, and work classification and overhead rates supporting the amount of the change, as well as an explanation of the cost and any revision to the Project completion time. If the contractor fails to notify the project manager of any schedule changes associated with the proposed change, it will be deemed to be an acknowledgement by contractor that the proposed work will not have any scheduling consequences. Any net increase to the pricing must also be approved and documented with a revised purchase order by City.

2.28 SUBCONTRACTORS AND SUPPLIERS

The proposer is required to identify any and all subcontractors and/or suppliers that will be used in the performance of the proposed contract and to clearly identify in their submission the names, portions and percentages of work to be performed by their subcontractors or suppliers. Contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in the RFP and contract documents creates any contractual relationship between any subcontractor or suppliers and the City of Sebastian. Contractor shall be responsible for the timely payment of its subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with these payment requirements will place the contractor in default of the contract.

2.29 ASSIGNMENT

The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City.

2.30 SILENCE OF SPECIFICATIONS

Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve the contractor from responsibility.

2.31 DISCRIMINATION

The proposer shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, contractors shall affirmatively comply with all applicable provisions of Title VI of the

Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City.

2.32 AUDIT AND INSPECTION

The City or their representative reserves the right to inspect and/or audit the contractor's documents and records as they pertain to the products and services delivered under this RFP. Such rights will be exercised with notice to the contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations established by this

RFP. Documents or records in any form shall be open to the city’s representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the City and the contractor.

2.33 INDEMNIFICATION

The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City, and its officers and employees, from all third-party claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the contractor or its Sub-Contractor(s) and other persons employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement. Upon request of the City, the contractor or its subcontractor(s) shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified above, and the contractor or its subcontractor(s) shall pay any cost and reasonable attorneys’ fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of this RFP.

2.34 CONTRACTS AND AMENDMENTS

The contents of this RFP and all provisions of the contractor’s submittal shall be considered an agreement and become legally binding. Any changes to the provisions hereinafter award must be in writing and signed by both Parties.

2.35 SCRUTINIZED VENDOR CERTIFICATION

2.35.1. Proposer certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it:

2.35.1.1. Does not participate in a boycott of Israel; and

2.35.1.2. Is not on the Scrutinized Companies that Boycott Israel List; and

2.35.1.3. Is not on the Scrutinized Companies with Activities in Sudan List; and

2.35.1.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum

Energy Sector List; and

2.35.1.5. Has not engaged in business operations in Cuba or Syria.

2.35.2. Submitting a false certification shall be deemed a material breach of contract. The City of

Sebastian shall provide notice, in writing, to the Proposer of the City’s determination concerning the false certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Proposer determines, using credible information available to the public, that a false certification has been submitted by Proposer, this contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said certification must also be submitted at the time of Contract renewal.

2.35.3. Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) contracting with companies for goods or services in any amount if at the time of proposing on, proposing a RFP for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and

2) contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to

Section 215.473, Florida Statute, or have been engaged in business operations in Cuba or

Syria.

2.35.4. As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized

Companies that Boycott Israel List; engaged in a boycott of Israel, pursuant to F.S.

215.4725; have not been placed on the Scrutinized Companies With Activities in Sudan

List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria.

2.36 LICENSING, CERTIFICATION, AND REGISTRATION

Contractors must show their current Business Tax Receipt (if located in the City of Sebastian, City of Vero Beach, or Indian River County), as well as any licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. All licenses shall be up to date. Contractors who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the state of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered contractors must have an active status to be eligible to do business with the City. If the proposer is a State Certified General Contractor, or a State

Registered General Contractor the proposer must be registered with the City of Sebastian.

Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. If the contractor is not located in Florida, the contractor must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal.

2.37 TAXES

Although the City of Sebastian is exempt from federal and state sales and use taxes, contractors or vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any contractor or vendor be authorized to use the City’s Tax Exemption Number in securing such materials.

2.38 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL

If the Contractor considers any portion of the documents, data, or records submitted in response to this RFP to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119

Florida Statutes, the Florida Constitution or other authority, the contractor must also simultaneously provide the City with a separate redacted copy of its response. The redacted copy shall contain the

City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis for the exemption. The contractor shall be responsible for defending its determination that the redacted portions of its response are a confidential, trade secret, or otherwise not subject to disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from or relating to the contractor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the contractor fails to submit a Redacted Copy with its response, the City is authorized to produce the entire documents, data, or records submitted by the contractor in response to a public records request for these records.

2.39 FAVORED NATION CLAUSE

Based on similar size and quantity, it is understood that the contractor is providing the City the same or better pricing than other governmental agencies. If during the term of this agreement, the City identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price.

2.40 LIQUIDATED DAMAGES

2.40.1. The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor hereby agrees, as part of consideration for awarding the Agreement, to pay the City the sum of one hundred dollars ($100) for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract

2.40.2. On the occasion where the contractor is in default of the Agreement, or any material provision thereof, or fails to remedy any deficiency in performance, the City may procure the necessary supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The difference between the proposal price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the contractor as liquidated damages.

2.41 FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performing any duty, requirement, or obligation under this agreement that is due to any of the following causes, to the extent beyond its reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of

God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities, changes in laws or regulations strikes, or other labor disputes, or because of any other matter or condition beyond the control of either party and which cannot be overcome by reasonable diligence and without unusual expense.

2.42 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES

A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this RFP. The report may become an important part of the contractor’s history. The report and process will assist the City in determining whether there is a continuing pattern of problems that may need to be addressed through termination of contract and/or suspension of the contractor from future bidding.

2.43 E-VERIFY

In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding

Executive Order 11-02; Certification of Employment Status), in the event performance of this

Agreement is or will be funded using state or federal funds, the contractor must comply with the

Employment Eligibility Verification Program developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The contractor shall (1) enroll in the U.S. Department of Homeland

Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the contract (3) utilize E-Verify to verify the employment…