Attachment_C_-_Disaster_Debris_Removal_and_Disposal_Services_Cooperative_Procurement_RFP.pdf

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County of Flagler

25-RFP-029

DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES COOPERATIVE

PROCUREMENT

RELEASE DATE: January 13, 2025

RESPONSE DEADLINE: February 6, 2025, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Title: Disaster Debris Removal and Disposal Services Cooperative Procurement

Table Of Contents

1. Introduction

2. Project Details

3. Evaluation Phases

4. Vendor Questionnaire

5. Attachments

Attachments:

Attachment A - FHWA 1273

Attachment B - Contract for Disaster Debris Removal and Disposal Service Sample Agreement

1. Introduction

1.1. Summary

This is a cooperative Request for Proposals (RFP) issued by the Flagler Board of County Commissioners on behalf of the governmental entities: Flagler Board of County Commissioners, City of Flagler Beach, City of

Bunnell, City of Palm Coast, Town of Beverly Beach, and Town of Marineland (collectively referred to as

“Agencies”, individually as “County/Municipality”). This RFP is issued in accordance with and shall be governed by the provisions of Flagler County’s Purchasing Policy and those of the Agencies. This RFP seeks to solicit competitive sealed proposals from qualified Proposers to assist the Agencies with Disaster Debris Removal and

Disposal Services as described in the Scope of Services. It is the intent of the Agencies that this RFP will result in the selection of at least two experienced Proposers. While Agencies may enter contract with multiple vendors/contractors, Agencies shall use our RFP/RFQ scoring criteria to develop our primary, secondary, choice etc.

It is the intent and purpose of the Agencies that this RFP promote competitive selection. It shall be the

Proposer’s responsibility to advise the Flagler County Department of Procurement and Contracts if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source.

Each County/Municipality, at its discretion, will execute its own contract with the successful Proposer(s) in accordance with the County/Municipality’s own purchasing policies and procedures.

1.2. Timeline

Release Project Date: January 13, 2025

Question Submission Deadline: January 24, 2025, 5:00pm

Proposal Submission Deadline: February 6, 2025, 2:00pm

Microsoft Teams meeting Join on your computer, mobile app or room device https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Meeting ID: 255 318 569 090 Passcode: wN6Aw9w9

1.3. Procurement Contact

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Jessica Martin

Procurement Coordinator

1769 E. Moody Blvd

Bunnell, FL 32110

Email: jmartin@flaglercounty.gov

Phone: (386) 313-4063

2. Project Details

2.1. Important Instructions for Electronic Submittals

The County of Flagler is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov

Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic bid.

2.2. Purpose and Overview

This is a cooperative Request for Proposals (RFP) issued by the Flagler Board of County Commissioners on behalf of the governmental entities: Flagler Board of County Commissioners, City of Flagler Beach, City of Bunnell, City of Palm Coast, Town of Beverly Beach, and Town of Marineland (collectively referred to as “Agencies”, individually as “County/Municipality”). This

RFP is issued in accordance with and shall be governed by the provisions of Flagler County’s Purchasing Policy and those of the

Agencies. This RFP seeks to solicit competitive sealed proposals from qualified Proposers to assist the Agencies with Disaster

Debris Removal and Disposal Services as described in the Scope of Services. It is the intent of the Agencies that this RFP will result in the selection of at least two experienced Proposers. While Agencies may enter contract with multiple vendors/contractors, Agencies shall use our RFP/RFQ scoring criteria to develop our primary, secondary, choice etc.

It is the intent and purpose of the Agencies that this RFP promote competitive selection. It shall be the Proposer’s responsibility to advise the Flagler County Office of Procurement and Contracts if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source.

Each County/Municipality, at its discretion, will execute its own contract with the successful Proposer(s) in accordance with the

County’s/Municipality’s purchasing policies and procedures.

Cooperative Procurement Procedures:

• This RFP will be advertised through www.Opengov.com and sent to the US Department of Commerce Minority

Business Development Agency for further exposure.

• All questions concerning this RFP should be addressed to the Flagler County Office of Procurement and Contracts. All responses are to be returned in accordance with the instructions contained in the attached document.

• Each County/Municipality shall be responsible for awarding its own contract(s), providing its own tax exemption certificate(s) as requested, and issuing its own purchase orders. Each County/Municipality shall be billed separately in accordance with each County/Municipality contract, moreover payment for services rendered shall be in accordance with the applicable County/Municipality contract. Invoicing instructions shall be in accordance with the

County’s/Municipality’s requirements.

• Any reference in the documents to a single County/Municipality or location will, in fact, be understood as referring to all Agencies unless specifically noted otherwise.

2.3. Instructions to Proposers

The Flagler County Board of County Commissioners (“Flagler County” or “County”) are requesting proposals for the service and/or product(s) detailed within this solicitation. If your company is interested in submitting a proposal to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and https://procurement.opengov.com/signup submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/flaglercounty by the date and time posted. The submission of responses prior to the specified date and time is solely and strictly the responsibility of the Proposer. Responses received after the posted date and time will not be considered. Additional information may be submitted with the response. No offer may be modified after acceptance. Terms and conditions differing from those in this solicitation may be cause for disqualification of the Response.

Failure to provide the required information may result in the Response not being considered.

Do not submit confidential information, proprietary information and/or trade secrets.

All proposals will be opened publicly, and the names of all Proposers shall be read aloud.

QUESTIONS REGARDING THIS RFP – All questions or concerns regarding this RFP must be submitted in writing and directed only to the Flagler County Office of Procurement and Contracts. Questions shall be made via www.OpenGov.com, no later than Friday, January 24, 2025 by 5:00 pm. Questions submitted regarding this RFP must indicate if the question relates to any specific County/Municipality. Answers will be posted in that system for all to see.

Proposers shall not direct any queries or statements concerning this RFP to anyone other than the Flagler County Office of

Procurement and Contracts during the selection process, from the time of submission of a proposal until recommendation of award. Any Proposer who initiates any discussions with any County/Municipality or the evaluation committee in any manner other than that described below is subject to disqualification from this RFP.

ADDENDA OF THE REQUEST FOR PROPOSALS – When appropriate the Office of Procurement and Contracts will issue an addendum to the RFP. Proposers are instructed not to contact the initiating division directly. No oral interpretation of this

RFP shall be considered binding. Only statements made in writing and executed under the authority of the Procurement and

Contracts Manager will be binding upon the Agencies.

It shall be the responsibility of the Proposers, prior to submitting their proposal, to visit www.OpenGov.com to determine if an addenda was issued, acknowledged, and incorporate them into their proposal.

The failure of Proposers to submit acknowledgement of any addenda that affects the RFP price(s) is considered a major irregularity and will be cause for rejection of the Proposer’s proposal.

The evaluation committee reserves the right to consider the omission by a Proposer of an acknowledgement of addendum as cause for rejection of the proposal. This right exists solely for the convenience and administrative efficiency of the Agencies.

No Proposer or other third party gains any rights by virtue of this provision or the application thereof, nor shall any Proposer or third party have any standing to sue or cause of action arising there from.

CLARIFICATIONS – It is the Proposer’s responsibility to become familiar with and fully informed regarding the terms, conditions, and specifications of this RFP. Lack of understanding and/or misinterpretation of any portions of this RFP shall not be cause for withdrawal of your proposal after RFP opening or for subsequent protest of award. Clarification request shall be made in www.OpenGov.com, no later than Friday, January 24, 2025 by 5:00 pm.

MEETING SPECIFICATIONS – If you are taking exception, indicate those exceptions as stated on the Proposer’s Certification

Form.

CORRECTION OF PROPOSALS – Correction of inadvertently erroneous proposals will be permitted up to the time of RFP opening. After RFP opening, no changes will be permitted. Negligence on the part of the Proposer in preparing the proposal confers no right of withdrawal or modification after the proposal has been opened at the appointed time and place by Flagler

County. Any such withdrawn proposal shall not be resubmitted.

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OPENING OF PROPOSALS – Proposals will be received up until the date and time stated in this RFP and will be publicly opened and read at the place, time and date stated. No responsibility will be attached to the Office of Procurement and Contracts for the premature opening.

REJECTION OF PROPOSALS – The evaluation committee reserves the right to reject any and/or all proposals when such rejection is in the best interest of the any or all Agencies.

PROPOSALS MAY BE REJECTED AND/OR VENDOR(S) DISQUALIFIED FOR THE FOLLOWING REASONS

A. Failure to update the information on file including address, product, service or business descriptions.

B. Failure to perform according to contract provisions.

C. Conviction in a court of law of any criminal offense in connection with the conduct of business.

D. Evidence of a violation of any federal or state anti—trust law based on the submission of bids or proposals, or the awarding of contracts.

E. Evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board’s purchasing activity.

F. Other reasons deemed appropriate by the Board of County Commissioners

NO LOBBYING – All Proposers are hereby placed on notice that Flagler County Board of County Commissioners, County

Employees/Staff, Members of the Evaluation Committee and all other listed government entities’ Council and Employees/Staff included in this co-op are not to be lobbied, directly or indirectly either individually or collectively, regarding this RFP. During the entire procurement process, all Proposers and their subcontractors, sub-consultants, or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, dinners, etc., if they intend to submit or have submitted proposals for in response to this RFP. Any Proposer contacting individuals mentioned herein in violation of this warning will automatically be disqualified from further consideration for this RFP.

RIGHT TO PROTEST – Any Proposer claiming to be affected adversely by an intended decision with respect to the award of this

RFP may file, with the Office of Procurement and Contracts, a written notice of intent to file a protest in accordance with the

Flagler County Purchasing Policy. Failure to follow the protest procedure requirements within the time frames prescribed therein as established by Flagler County shall constitute a waiver of your protest and resulting claims.

OWNERSHIP OF DOCUMENTS – All documents resulting from this RFP will become the sole property of Flagler County.

PUBLIC RECORDS - Upon Notice of Intent to Award or thirty (30) days after opening, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the proposal and must identify the data or other materials to be protected and must state the reasons why such exclusion from public disclosure is necessary. The County cannot guarantee the confidentiality of any document. Upon request, the proposer must transfer, at no cost, to the County all public records in possession of the Proposer and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County.

COST OF PREPARATION - Costs of preparation of a response to this RFP are solely those of the Proposer. The County assumes no responsibility for any such costs incurred by the proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

2.4. Terms and Conditions

GOVERNING LAWS/RULES/REGULATIONS – All Proposers shall hold all State, Federal, and County/Municipality licenses required to perform the scope of work as described within the RFP documents. The Proposer shall ensure compliance with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of

Federal, State, and local agencies having jurisdiction and County.

RESERVATION OF RIGHTS – The County/Municipality reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment, best serves the interest of the

County/Municipality, or to award a contract to the next most qualified Proposer if the successful Proposers do not execute a contract within thirty (30) days after approval of the selection by the Board of County Commissioners or other competent authority.

Flagler County/Municipality reserves the right, and the Purchasing Manager has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required.

The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Flagler County/Municipality Purchasing

Policy. Flagler County/Municipality reserves the right to request clarification of information submitted and to request additional information of one or more applicants.

AVAILABILITY OF PERSONNEL – Personnel described in the proposal shall be available to perform the services as described.

Personnel shall be considered the employees, or agents of the Proposer, and not employees or agents of Flagler

County/Municipality.

ASSIGNMENT OF CONTRACT – The selected Proposer may not make any assignments of their obligations resulting from this

RFP without the prior written authorization of Flagler County/Municipality.

NON-EXCLUSIVITY OF CONTRACT – The selected Proposer understands and agrees that any resulting contractual relationship is non-exclusive, and Flagler County/Municipality reserves the right to seek similar or identical services elsewhere if deemed in the best interest of Flagler County/Municipality.

CANCELLATION – The contract with the successful Proposer may be terminated by the County/Municipality without cause by giving a minimum of thirty (30) days written notice of intent to terminate. Contract prices must be maintained until the end of the thirty (30) day period. The County/Municipality may terminate the contract at any time because of the Contractor’s failure to perform in accordance with these specifications and applicable contract. The County/Municipality may retain/withhold payment for nonperformance if deemed appropriate to do so by the County/Municipality.

AGREEMENT – The selected Proposer shall be expected to execute an agreement containing the terms and conditions herein.

Any exceptions to the terms and conditions contained herein must be identified and agreed upon as outlined herein before consideration of proposal.

FLORIDA PROMPT PAYMENT ACT – Payments will be in accordance with the Florida Prompt Payment Act applicable to local governments.

Flagler County/Municipality is obligated only to the extent that funds are included in the County/Municipality’s fiscal year budget. Should the County/Municipality not include funds for this expense the Contract is null and void.

ADDITIONAL REQUIREMENTS – The County/Municipality reserves the right to request additional services relating to this

Agreement from the Contractor. When approved by the County/Municipality as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary.

ADD/DELETE LOCATIONS/SERVICES – The County/Municipality reserves the right to unilaterally add or delete locations/services, either collectively or individually, at the County/Municipality's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the County/Municipality. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications.

OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES - Flagler County/Municipality encourages and agrees to the successful Proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Proposer.

NON-PERFORMANCE – Failure to meet the expected quality of workmanship, schedule, or other criteria agreed upon, shall be considered a default.

PATENT / COPYRIGHT HOLD HARMLESS – The Proposer shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product, or device which is the subject of patent rights or copyrights.

Proposers shall, at their own expense, hold harmless and defend the Flagler County Board of County Commissioners, and the participating Agencies, against any claim, suit, or proceeding brought against the County/Municipality, which is based on a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under this bid, constitute infringement of any patent or copyright of the United States. The Proposer shall pay all damages and costs awarded against the County/Municipality.

PUBLIC RECORDS – Pursuant to Section 119.0701(2), Florida Statutes, the Proposer shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the Proposer in conjunction with this Agreement. Specifically, the Proposer must:

A. Keep and maintain public records that ordinarily and necessarily would be required by the County/Municipality in order to perform the service, including but not limited to correspondence, financial records, permits, and certifications; and

B. Provide the public with access to public records on the same terms and conditions that the County/Municipality would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and

D. Meet all requirements for retaining public records and transfer, at no cost, to the County/Municipality all public records in possession of the Proposer upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County/Municipality in a format that is compatible with the information technology systems of the County/Municipality. In performing the requirements herein, the Proposer shall promptly provide the County/Municipality with a copy of any request to inspect or to copy public records in possession of the

Proposer and consult with the County/Municipality to ensure the request is responded to in accordance with the law.

The Proposer shall promptly provide the County/Municipality with a copy of the Proposer’s response to each such request. Failure to grant such public access shall constitute a material default and the County/Municipality shall be entitled to terminate any Agreement and to pursue any other remedies against Proposer available in equity or at law.

E. Pursuant to 2 C.F.R. § 200.318(i) Flagler County/Municipality shall maintain records sufficient to detail the history of the procurement. These records will include but are not limited to the rationale for the method of procurement, selection of contract type; contractor selection or rejection; and basis for the contract price. Additionally, records shall also include the contract document and any contract modifications with the signatures of all parties. Contract documents pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report pursuant to 2 C.F.R. § 200.334.

FINANCIAL ABILITY – Every Proposer may be required to demonstrate financial stability as evaluated at the sole discretion of

Flagler County/Municipality.

BINDING OFFER – A Proposer’s submittal will be considered a binding offer to perform the required services, assuming all terms are negotiated satisfactorily. The submission of an RFP shall be taken as prima facie evidence that the Proposer has familiarized itself with the contents of this RFP.

AUDITABLE RECORDS – The awarded Proposer shall establish and maintain a reasonable accounting system, which enables ready identification of Proposer’s cost of goods and use of funds. The accounting system shall also include adequate records and documents to justify all fees for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County/Municipality or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Proposer or its sub-consultants as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Consultant's place of business. This right to audit shall include the Proposer’s subcontractors used to procure goods or services under the contract with the County/Municipality. Awarded Proposer shall ensure the County/Municipality has these same rights with subcontractor(s) and suppliers.

HOLD HARMLESS / INDEMNIFY – The Proposer agrees to indemnify and hold harmless the County/Municipality, and its officers and employees, from 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 Consultant and other persons employed or utilized by the Consultant in the performance of this Contract.

INDEMNIFICATION (GENERAL LIABILITY) – The selected Proposer shall indemnify, hold harmless, and defend Flagler

County/Municipality and their respective Boards of Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses, or actions, either at law or in equity, including court costs and attorney's fees, that may hereafter at any time be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the Proposer, or anyone performing any act required of Proposer in connection with performance of the agreement awarded pursuant to this RFP. These obligations shall survive acceptance of any goods and/or performance and payment therefore by Flagler County/Municipality.

INDEMNIFICATION (PATENT OR COPYRIGHT) – The selected Proposer shall indemnify and hold harmless, and defend Flagler

County/Municipality and their respective Boards of Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and against all liabilities, damages, claims, demands, or actions at law or in equity, including court costs and attorneys' fees that may hereafter at any time be made or be brought by anyone arising out of any infringement of patent rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by the Proposer while providing services under this agreement.

DRUG-FREE WORKPLACE CERTIFICATION – By submitting a bid in response to this RFP you are certifying that your company is a drug-free workplace in accordance with Florida Statute 287.087.

PUBLIC ENTITY CRIMES – A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Proposer list.

CONFLICT OF INTEREST / STATEMENT OF NON-COLLUSION – The award hereunder is subject to 2 C.F.R. § 200.318(c) that requires Flagler County/Municipality to maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.

AMERICANS WITH DISABILITIES ACT (ADA) – If you need special services provided for under the Americans with Disabilities

Act, contact the ADA Coordinator in our Human Resources office at 386-313-4007 at least 48 hours before the scheduled event.

LITERATURE (if applicable) – If no specific brand, model or make is specified, Proposers shall submit with the RFP two (2) copies of descriptive literature and technical data, fully detailing all features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the equipment, material, and/or services he proposes to furnish.

LICENSES (if applicable) – The Contractor shall be responsible for obtaining and maintaining city and county occupational licenses and any licenses required pursuant to the laws of Flagler County or the State of Florida. In furnishing the service or product to the County, the vendor shall comply with all federal, state and county rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations, and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, Contract, and bid or quote.

COMPLIANCE WITH FEDERAL STANDARDS

All items to be purchased under this solicitation shall be in accordance with all applicable governmental standards, to include, but not limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of Safety

Hazards (NIOSH), the National Fire Protection Association (NFPA) and It shall be the responsibility of the awarded Vendors to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this solicitation during the term of the contract.

As it is likely that goods and/or services acquired under the RFP will be purchased, in part or in whole, with federal funding.

Therefore, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5 and Section 60-741.4 of Title 41 of the

United States Code, which addresses Affirmative Action requirements for disabled workers, is incorporated into this solicitation and resultant contract by reference. Goods and/or services acquired under the RFP will be purchased, in part or in whole, with federal funding and/or to meet Federal Emergency Management Agency’s (FEMA) reimbursement requirements, as set forth in the Code of Federal Regulations (CFR), §200.317, General Procurement Standards, Vendor(s) shall agree to be bound by the terms and conditions detailed below that delete, modify, and add to Section 1, General Terms and Conditions of the solicitation.

This RFP will avoid the acquisition of unnecessary or duplicative items. This RFP has been reviewed to ensure consolidating or breaking out procurements to obtain a more economical purchase is not feasible.

Where appropriate, in the performance of this RFP analysis shall be made of lease versus purchase alternatives in accordance with 2 C.F.R. § 200.318(d).

CONTRACT COST AND PRICE—§200.324 – This RFP and any future amendments will undergo a cost or price analysis in accordance with 2 C.F.R. 200.323(a).

This RFP will not result in a Time & Material contract in accordance with 2 C.F.R. § 200.318(j)

Additional provisions:

A. Vendor hereby assures and certifies to the County/Municipality that it will comply with:

B. Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327, et seq., requiring that mechanics and laborer so (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and

C. Federal Fair Labor Standards Act, 29 U.S.C. s. 201, et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed workweek; and

D. The Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7671q and the Federal Water Pollution Control Act, 33 U.S.C.

1251-1387; and

E. The mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act, P.L. 94-163; and

F. Any requirements of 2 CFR pt. 200.318.

G. Procurement of recovered materials See §200.323. Contractors must comply with section 6002 of the Solid Waste

Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

H. The Vendor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery

Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part

247.

I. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— In accordance with 31 U.S.C. 1352, the Vendor must provide a certification to the Procuring Agency that the Vendor has not and will not use Federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any Federal department or agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.)

J. Vendors that apply or bid for an award exceeding $100,000 must file the required certification (see Attachment A).

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-

Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Flagler County/Municipality will maintain oversight to ensure contractors perform according to the terms, conditions, and specifications of their contracts or purchase orders as required by (2 C.F.R. § 200.318(b)).

INSURANCE REQUIRED – Before execution of the contract by the County/Municipality and commencement of the operations and/or services to be provided, and during the duration of the contract, the vendor shall file with the County/Municipality current certificates of all required insurance on forms acceptable to the County/Municipality, which shall include the following provisions:

A. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the County/Municipality.

B. The Certificates shall clearly indicate that the vendor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section.

C. No material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County/Municipality.

The vendor shall require and ensure that each of its subcontractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein.

COVERAGE REQUIRED – Unless otherwise specified, the Contractor shall, at its sole expense, maintain in effect at all times during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to County/Municipality.

Coverage

Minimum Amounts and Limits

• Worker's Compensation o Statutory requirements at location of Work

• Employer's Liability o $ 100,000 each occurrence o $ 500,000 disease, aggregate o $ 100,000 disease, each employee

• Commercial General Liability o $ 1,000,000 General Aggregate o $ 1,000,000 Products-Comp. Ops Aggerate o $ 500,000 Each Occurrence o $ 100,000 Fire Damage o $ 5,000 Medical Expense

• Automobile Liability o $ 1,000,000 Combined o Single Limit (owned, hired and non-owned) o Option of Split Limits:

▪ Bodily Injury

• $ 500,000 per Person

• $ 1,000,000 per Accident

▪ Property Damage

• $ 1,000,000

• Professional Liability o $ 1,000,000 per claim o $ 1,000,000 annual aggregate (when applicable)

Coverage shall apply to the indemnity provided to the County/Municipality and shall include the County/Municipality its officers and employees, as additional insureds, as regards to liability arising out of Contractor's performance of the work or the work performed by others on behalf of Contractor under this Contract. The insurance afforded to the

County/Municipality shall state that it is primary insurance and shall provide for a severability of interest or cross-liability clause. Prior to entering into the Contract with the County/Municipality, Contractor shall furnish County/Municipality with

Certificates of Insurance (identifying on the face thereof the Project name and Contract number) as evidence of the above required insurance and such Certificates shall include the following language: Flagler County Board of County Commissioners

(or applicable Municipality) as additional insured and an endorsement for which has been issued, subject to a requirement for recurring certificate of insurance every fifteen (15) days from the contract award date until, all obligations under the

Contract/Agreement are completed.

Alternatively, in lieu of recurring certificates, The contractor or vendor may provide a certificate of insurance that contains a provision that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the County/Municipality, except that in the event of cancellation for nonpayment of premium the

County/Municipality shall receive notice as prescribed by state law (10 days). The cancellation clause should read as follows:

“Should any of the described policies be canceled or material modified before the expiration date thereof, the issuing company will mail 30-day prior written notice to the certificate holder named below, except that in event of cancellation for nonpayment of premium, the notice shall be 10 days unless a longer time is prescribed by Florida Statute.”

The County/Municipality will not maintain any insurance on behalf of Contractor covering loss or damage to the work or to any other property of Contractor.

None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by

Contractor are intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under the Contract.

Contractor shall deliver the original Certificate of Insurance and one copy to the agent of the County/Municipality.

Notices, in original and one copy of cancellation, termination and alteration of such policies shall also be provided to the agent of the County/Municipality.

The proposed contract attached to this RFP is for Flagler County only. Each municipality will have its own contract agreement upon award.

2.5. Special Terms and Conditions

§ 200.317-§ 200.327 - Procedures shall conform to the procurement standards identified in Federal Rules that apply to non-state entities.

DOMESTIC PREFERENCES—§200.322 - This RFP shall, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes but is not limited to iron, aluminum, steel, cement, and other manufactured products.

COMPETITION - 2 C.F.R. § 200.319(a) – This RFP shall be conducted in a manner providing for full and open competition and shall not involve any of the following:

A. Placing unreasonable requirements on firms in order for them to qualify to do business

B. Requiring unnecessary experience and excessive bonding

C. Noncompetitive pricing practices between firms or between affiliated companies

D. Noncompetitive contracts to consultants that are on retainer contracts

E. Organizational conflicts of interest

F. Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement

G. Any arbitrary action in the procurement process

PRECEDENCE IN TERMS – In the event of a conflict, the Special Terms and Conditions, including Section 4A – Special Terms and Conditions for Federal Contract Compliance shall take precedence over all other sections.

PERIOD OF OFFER VALIDITY – Proposals offered in this RFP must remain firm for a period of ninety (90) days from the RFP opening date.

TERM OF CONTRACT – It is the intent of the County/Municipality to enter contract(s) for the approximate duration of three

(3) years with the option of two (2) additional one (1) year renewals.

CONTRACT COST ADJUSTMENTS – Prices quoted shall be firm for the initial contract term. Thereafter, any extensions which may be approved by the County/Municipality shall be subject to the following: Cost for any extension terms shall be subject to an adjustment only if increase or decrease occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U. S. Dept of Labor, and shall not exceed five percent (5%).

The County/Municipality may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are insufficient. In the event the County/Municipality does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the County/Municipality, the Contract will be considered cancelled on the scheduled expiration date.

AWARDS – Results from the evaluation committee will be considered by the Flagler County Board of County Commissioners at the earliest possible regular meeting after the evaluation process.

The Agencies reserve the right to make award(s) by individual sections, groups, all or none, or a combination thereof, with one or more Proposers; to reject all proposals, or to waive any informality or technicality in proposals received as deemed to be in the best interest of the County/Municipality.

The Agencies do not award publicly funded contracts to those who knowingly employ unauthorized alien workers in violation of section 274A(e) of the Immigration and Naturalization Act, 8 United States Code s1324a(e). Such employment deprives legal workers of job opportunities. Violation of section 274A(e) shall be grounds for unilateral cancellation of any contract, bid or quote for purchase of services and goods by any County/Municipality.

QUALIFICATIONS – The Agencies reserves the right to conduct an inspection of the facility and equipment prior to award of the RFP.

Proposals will be considered only from firms which are regularly engaged in the business as described in this RFP package;

with a record of performance for a reasonable time period, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a Contract under the terms and conditions stated herein. The terms “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practice in the industry and as determined by the County/Municipality.

SUBCONSULTANTS – Proposers shall list all proposed subconsultants to be used, regardless of racial or gender grouping.

Include names, addresses, phone numbers, type of work subcontracted (discipline, trade, or commodity) and proposed percentage of work prior to comment of work.

CODE OF CONDUCT – Proposers and their subcontractors or teaming partners, upon award, must provide and maintain a written code of standards governing the performance of their employees working on the projects or administering the contract. It shall be the sole responsibility of the awarded Proposer(s) to maintain and provide a copy of sub or teaming partner’s codes of conduct to the County/Municipality upon request.

VENDOR’S PRODUCT OR SERVICES – The Proposer’s product (if applicable) shall be free of all lines, claims or encumbrances, and the Proposer warrants that it has a clear title to the product being delivered.

If Proposer is contracted to provide services, such services shall be fully satisfactory to the County/Municipality as determined by the County/Municipality.

The proposer shall provide the County/Municipality with any data, reports, or other information as required and requested by the County/Municipality to enable it to utilize the product or service furnished by the vendor.

In furnishing the service or product, the Proposer shall comply with all Federal, State, and local laws, rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations, and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, bid or quote.

PROPOSAL SECURITY – Due to the nature of this RFP and in accordance with FEMA standards, a bid bond is not required.

PERFORMANCE AND PAYMENT BOND – In accordance with CFR200 2 C.F.R. § 200.326 performance and payment bond must be as follows:

A. A bid guarantee from each bidder is equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

B. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract.

C. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

2.6. Special Terms and Conditions for Federal Contract Compliance – FEMA

Contracts

FEDERAL AWARDING AGENCY OR PASS-THROUGH ENTITY REVIEW—§200.325

Flagler County/Municipality has made available technical specifications of this RFP for review by the Florida Division of

Emergency Management and incorporated comments herein.

EQUAL EMPLOYMENT OPPORTUNITY

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

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

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

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

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

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