Insurance_Consultant_Services.pdf

City of New Smyrna Beach

210 Sams Avenue New Smyrna Beach, FL 32168 https://www.cityofnsb.com/

RFQ 03-27-FIN

INSURANCE CONSULTANT SERVICES

RELEASE DATE: October 7, 2026 DEADLINE FOR QUESTIONS: October 21, 2026

RESPONSE DEADLINE: November 6, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cityofnsb https://procurement.opengov.com/portal/cityofnsb?status=all

City of New Smyrna Beach

RFQ 03-27-FIN

Insurance Consultant Services

I. Public Notice II. Introduction

III. Description of Services IV. Submittal Requirements V. General Definitions

VI. General Information VII. Insurance Requirements

VIII. Required Responses

Attachments:

A - Public Records B - Insurance Requirements C - Draft Agreement D - Required Documentation and City Forms

2 | P a g e

I. Public Notice

03-27-FIN

Insurance Consultant Services

The City of New Smyrna Beach, Florida ("City"), is requesting qualifications from firms to provide professional insurance consultant services. The selected consultant will review the City's allocation of insurance assets and assist with the development and administration of a competitive Request for Proposals (RFP) for liability and related insurance coverages.

Solicitation Documents can be obtained through the City's eProcurement Portal found at https://procurement.opengov.com/portal/cityofnsb. All required documents shall be completed and submitted through the City's eProcurement Portal.

End of Advertisement

Publish: Daytona News Journal, Wednesday, October 7, 2026 City website: www.cityofnsb.com OpenGov: https://procurement.opengov.com/portal/cityofnsb

II. Introduction

Thank you for your interest in doing business with the City of New Smyrna Beach, Florida.

If you are interested in preparing a response to this solicitation, please read the solicitation package in its entirety prior to submitting a response.

Under Chapter 119, Florida Statutes, all responses to this solicitation shall be considered public record, subject to distribution pursuant to the request for records by any interested party.

For purposes of this solicitation the terms "Consultant" “Proposer,” “Respondent” and/or “Vendor,” are used interchangeably, and are in reference to the person or entity submitting the response to this solicitation.

II.A Summary

The City of New Smyrna Beach (City) is requesting Qualifications from qualified vendors for insurance consultant services.

Currently, the City of New Smyrna Beach belongs to a self-insured pool and is not an independently self-insured entity. The pool purchases insurance and the pool has self-insured retention. The annual invoice is billed solely to the City and deductibles will be paid per claim.

3 | P a g e

The City intends to select a qualified firm to provide professional Insurance Consultant Services.

The selected consultant will:

• Review the City's allocation of insurance assets, premiums, and coverage needs.

• Assist with the development and administration of a Request for Proposals (RFP) for the City's liability and related insurance coverages.

• Evaluate the proposals received and provide a recommendation for award to the City.

• Provide recommendations and feedback on prior allocations prior to the development of the RFP.

• Develop an insurance premium allocation on an annual basis.

The City reserves the right to award a contract to the firm determined to be in the best interest of the City.

Respondents warrant that the terms and conditions quoted in the Qualifications will be firm for a period of ninety (90) days from the date of the Qualifications opening unless otherwise stated by the City. Incomplete, unresponsive, vague, ambiguous responses to the request for Qualifications will be just cause for rejection as determined by the City.

The successful proposer(s) will hereinafter be referred to as “Professional Consultant”.

II.B Background

The City serves an area of 41.6 square miles in size and serves a population of approximately 32,852. It is located off of Florida’s East Coast, in the County of Volusia, just north of Cape Canaveral with easy access to both Interstate 95 and Interstate 4. The City’s fiscal year begins on October 1st and ends on September 30th.

The City was created in 1887 by adoption of its first charter, which was replaced through Chapter 224.08, Special Acts of Florida, 1943, and subsequently amended, with the most recent update taking effect January 1, 2021.

The legislative branch of the City is composed of an elected five-member City Commission consisting of the mayor and four commissioners. The City Commission is governed by the City Charter and by state and local laws and regulations. The City Commission is responsible for the establishment and adoption of policy. The execution of such policy is the responsibility of the Commission-appointed City Manager.

More detailed information on the government and can be found in City of New Smyrna’s Comprehensive Annual Financial Report (CAFR). This report may be viewed on https://www.cityofnsb.com/105/Financial-Reports.

II.C Contact Information

Janet Vivian Purchasing Agent https://www.cityofnsb.com/105/Financial-Report

4 | P a g e

Email: jvivian@cityofnsb.com Phone: (386) 410-2600 Ext: 2654 Department:

Purchasing

II.D Timeline

Issue RFQ Notice October 7, 2026

Deadline for Written Questions October 21, 2026, 5:00pm

Proposal Submission Deadline November 6, 2026, 2:00pm

Opening of Submittals (Non-Mandatory) November 6, 2026, 3:00pm Join Microsoft Teams meeting:

https://teams.microsoft.com/meet/227470308 829917?p=4aaC9sCkeLx82WfAbQ Meeting ID: 227 470 308 829 917 Passcode: Ej2Mg6uR or call in (audio only) Dial by phone: 786-636-1338 Phone Conference ID: 811 989 289#

Evaluation Meeting (Non-Mandatory) November 18, 2026, 10:00am Join Microsoft Teams meeting:

https://teams.microsoft.com/meet/216361964 607603?p=DGVWy0bv6QlOcc7EvY Meeting ID: 216 361 964 607 603 Passcode: Ng9ma6TU

Or call in (audio only) Dial by phone: 786-636-1338 Phone Conference ID: 523 921 283#

Recommendation of award to City Commission

December 8, 2026 mailto:jvivian@cityofnsb.com tel:(386)410-2600;ext=2654 https://teams.microsoft.com/meet/227470308829917?p=4aaC9sCkeLx82WfAbQ https://teams.microsoft.com/meet/227470308829917?p=4aaC9sCkeLx82WfAbQ https://teams.microsoft.com/meet/216361964607603?p=DGVWy0bv6QlOcc7EvY https://teams.microsoft.com/meet/216361964607603?p=DGVWy0bv6QlOcc7EvY

5 | P a g e

III. Description of Services

III.A Scope of Services

The City of New Smyrna Beach, Florida (City) requests Qualifications from qualified vendors for insurance consulting services. Currently, the City of New Smyrna Beach belongs to a self-insured pool and is not an independently self-insured entity. The pool purchases insurance and the pool has self-insured retention.

The City intends to select a qualified firm to provide professional Insurance Consultant Services.

The selected consultant will:

• Review the City's allocation of insurance assets, premiums, and coverage needs.

• Assist with the development and administration of a Request for Proposals (RFP) for the City's liability and related insurance coverages.

• Evaluate the proposals received and provide a recommendation for award to the City.

• Provide recommendations and feedback on prior allocations prior to the development of the RFP.

• Develop an insurance premium allocation on an annual basis.

The insurance consultant services include, at a minimum: analyzing liability, property, workers' compensation plans, ancillary coverages, and overall City risk. The City reserves the right to award a contract to the firm determined to be in the best interest of the City.

A. The successful proposer should have significant experience with the provision of Risk Management services to include:

o Insurance Study o Risk Analysis o Claim and Loss Control Services o Regulatory and Legal Expertise and Assistance o Technical Expertise and Assistance o Safety Training, Support and Program Development o Loss Trending o Employment Practices Expertise and Assistance o Innovation o Marketing Flexibility o Stability, Cost Control and Industry Competitiveness o Florida Public Entity Awareness

6 | P a g e o Asset Management and Review o Florida municipal insurance pools and trust awareness

B. Review, analyze, and evaluate current and proposed insurance plans, and assist with selection of a firm to provide insurance coverages.

C. Review all plan documents and proposed amendments for accuracy, completeness, and compliance with appropriate laws and regulations.

D. The successful proposer shall assist the City with the development and administration of a Request for Proposals (RFP) solicitation to include the following coverages:

o Workers’ Compensation and Employers’ Liability o Property, including Windstorm o Rental Income Loss and Extra Expense o Airport Liability o Public Officials Liability, including employment practices o Fiduciary Liability o Storage Tank Liability o Law Enforcement Liability o Cyber Crime o Inland Marine o Other coverages, as requested by City, at its sole discretion.

E. As a result of the RFP process the successful proposer shall:

o Assist the City by reviewing the received proposals o Evaluate existing insurance policies for compliance and comparison to claims goals o Provide information, analysis and guidance on any and all aspects of program policy and administration to contracted parties (i.e., stop-loss, carrier, networks, TPA, providers and employer).

o Present findings to City Staff and make a recommendation o Present findings and recommendation to the City Commission o Review contract for FY28 and future years and provide future year allocations

III.B Agreement

Proposers should become familiar with all the terms contained in the agreement and be willing to execute the agreement before submitting a proposal. Component parts of the agreement are outlined in the draft agreement provided in the Attachment Section of this solicitation. There shall be no exceptions to either the scope of services or the terms of the agreement.

7 | P a g e

Proposer acknowledges, that the selected Firm(s) shall be required to sign a standard City agreement within four-teen (14) days of Notice of Selection for Award. In no event shall an agreement be considered binding upon the City until it has been properly executed by all parties.

Failure on the part of the successful Proposer to execute an Agreement as required will be just cause for the rescindment of the award.

A contract resulting from this solicitation shall be subject to the terms and conditions set forth in a standard City agreement. The City reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of the City.

The City shall not be obligated to sign any contracts, maintenance and/or service agreements, or other documents supplied by the proposer.

In conjunction with the agreement, a purchase order or other form of payment will be established by the City prior to the start of any project, service, or work by the Proposer. In the event of a conflict in the interpretation of the Contract or the terms of the Contract, the interpretation most favorable to the Owner shall prevail.

Contract Negotiations: The City will attempt to negotiate an agreement with the top ranked firm(s) or individual which is determined to be in the best interests of the City. The agreement will cover all aspects of the scope of services as described herein.

Contract Term: It is anticipated that the City will select one (1) firm for a contract period of three

(3) years. After the initial term, and upon consent of both parties, this agreement may be renewed administratively under the same terms and conditions for two (2) optional one (1) year renewals

IV. Submittal Requirements

Firms submitting a response shall be in strict compliance with the requirements listed herein. Failure to comply with all provisions of this solicitation may result in disqualification.

IV.A Evaluation Committee and Evaluation Factors

A committee of city employees shall evaluate and rank each submittal based on information provided.

Evaluation factors are based on the abilities of the proposer to efficiently perform the Scope of Services as generally outlined in this solicitation. The city shall seek to identify the submittal(s) which shall best meet the needs of the city as determined from the responses received.

A selected group of proposers may be required to make an oral presentation to the committee.

Such presentation shall provide an opportunity for the proposers to clarify the information provided in their submittal. Oral presentations, if any, shall be considered in conjunction with the submitted data by the committee. The committee shall present its recommendation to the City Commission, which has the authority to make the final determination and award contracts.

8 | P a g e

The evaluation criteria may be modified for the oral presentation portion of the evaluation.

Submissions shall be evaluated on a total score basis, with a maximum score of one hundred

(100) points per committee member. The following criteria shall be used in the evaluation process to determine the successful respondent(s):

EVALUATION CRITERIA MAXIMUM POSSIBLE POINTS

Executive Summary 5

Qualifications and Experience 25

Previous Experience, Past Performance, and References

Capacity and Resources 10

Deliverables and Timeframe 25

Fee Proposal 25

TOTAL POSSIBLE POINTS 100

IV.B Response Format

Submittals shall be deemed an offer to provide services to the City. In submitting, the Proposer declares that he/she understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of the City. The Proposer agrees that if the contract is awarded to him/her, he/she shall perform the work in accordance with the provisions, terms and conditions of the contract.

Proposals shall be clear, concise and limited to thirty (30) pages, unless noted. In order to maintain comparability and to facilitate the review process, proposals shall be organized in the manner specified below:

• Cover page with company logo

• Table of contents

• Tab 1: Executive Summary

• Tab 2: Qualifications and Experience

• Tab 3: Previous Experience, Past Performance, and References

• Tab 4: Capacity and Resources

• Tab 5: Deliverables and Timeframe

• Tab 6: Fee Proposal

• Tab 7: Statement of Acceptance, City Required Forms and signed addendums

9 | P a g e

Any portions of the proposal that do not comply with these guidelines or contain variances may be considered non-responsive. Confidential, proprietary information or trade secrets should be marked "Confidential" and uploaded in the proper area of Section XII of this document.

In order to maintain comparability and to facilitate the review process, it is requested that proposals be organized in the manner specified below. Proposals shall be submitted in a professional manner and is a representation of the consultant.

IV.C Tab 1: Executive Summary

Provide an executive summary of a brief acknowledgement of the scope of work and summarize the company's core competencies for selection. The summary shall include:

• A brief profile of the firm including business name, address, telephone number and e-mail address that the City can contact for additional information.

• History; business structure; designation of the legal entity by which business operates (sole proprietor, partnership, corporate, LLC, etc.); type of ownership (small business, small disadvantaged business or women-owned business); length of company's existence; locations of their parent company, branch or subsidiary and proposed project team; total number of personnel including personnel by discipline; and average annual revenue for the past five (5) years.

• Number of years in business, including operation under other firm names, providing services similar to those described herein.

• Number of years in business in the State of Florida.

The Executive summary shall be signed by a corporate officer, principal, or an authorized representative to obligate the firm and/or joint venture contractually. The respondent or authorized representative is attesting that the information provided is current and factual.

IV.D Tab 2: Qualifications and Experience

Firm Qualifications and Experience:

• Minimum of five (5) years' experience providing insurance consulting and brokerage advisory services to municipalities, counties, special districts, or other governmental entities.

• Demonstrated experience conducting insurance market analyses and developing RFPs/RFQs for property, liability, workers' compensation, cyber, and other municipal insurance programs.

• Experience assisting public agencies with insurance procurements, carrier evaluations, and coverage negotiations.

• Knowledge of Florida public-sector insurance requirements and procurement laws.

• Florida municipal insurance pools and trust awareness.

10 | P a g e

Financial Stability /Litigation:

• Respondent shall provide a statement certifying that they are financially stable and have the necessary resources, human and financial, to provide the services at the level required by the City of New Smyrna Beach. Respondent shall also list any lawsuits in which their team (firm & sub-consultants) are involved relative to the services performed or failed to perform over the last five (5) years. The respondent shall also list any work which their team failed to complete in the last five (5) years and describe when, where, how and why of such failure, including listing any officer or partner of their team who in the last five (5) years failed to complete a contract handled in his/her name and discuss the reasons. The companies Dunn & Bradstreet number shall be included.

Upon request, all respondents shall be prepared to supply a financial statement, preferably a certified audit, but a third party prepared financial statement and the latest Dunn & Bradstreet report will be accepted.

Project Team Qualifications:

• Designation of a Project Manager with at least five (5) years of experience in public-sector insurance consulting.

• Key personnel should possess relevant insurance and risk management credentials, such as:

o Certified Risk Manager (CRM) o Chartered Property Casualty Underwriter (CPCU) o Associate in risk management (ARM) o Certified Insurance Counselor (CIC) o Florida Licensed Insurance Agent or Broker, as applicable

Relevant Project Experience:

• Provide descriptions of at least three (3) similar projects completed within the last five years for municipalities or other governmental entities.

• Include references with current contact information.

• Demonstrate experience evaluating:

o General Liability o Public Officials Liability o Law Enforcement Liability o Property Insurance o Workers' Compensation o Cyber Liability o Automobile Liability

11 | P a g e o Excess/Umbrella Liability o Airport Liability o Legal Representation Capabilities

Technical Expertise:

• Ability to perform insurance needs assessments and exposure analyses.

• Ability to review existing policies and identify coverage gaps.

• Experience preparing procurement documents, evaluation criteria, and recommendation reports.

• Knowledge of insurance carrier financial ratings, coverage comparisons, legal representation firms, and market conditions.

• Ability to review allocation of assets

Regulatory Compliance:

• Provide the following:

o Professional licenses required by Florida law.

o Evidence of insurance coverage.

o E-Verify compliance.

o Ability to meet all local, state, and federal requirements.

o Confirmation that the firm is not on any prohibited or scrutinized vendor lists as required by Florida statutes.

IV.E Tab 3: Previous Experience and Past Performance

Past Performance

• Provide timeline of list of previous projects, from beginning to completion.

• Record of completing projects on time and within budget.

• Client satisfaction and references.

• History of claims, litigation, contract disputes, or professional disciplinary actions, if applicable.

• Quality control and quality assurance procedures.

References: Provide three (3) references from government entities in which it is currently doing business and with which it has at least a three (3) year history. The references must be Risk Management and Insurance Consultant Services based. Submitters must identify all government entities in Florida with which it has an agreement at the time of submission.

12 | P a g e

The City of New Smyrna Beach shall not be listed as a reference. Information must be current, and the city must be able to contact references for verification as part of the evaluation process.

IV.F Tab 4: Capacity and Resources

Provide the following information:

• Current workload and ability to meet project schedules.

• Office locations and availability of local staff.

• Adequate resources, equipment, and support personnel.

• Ability to respond to urgent requests.

IV.G Tab 5: Deliverables and Timeframe

Proposers should demonstrate experience providing:

• Allocation review of assets

• Insurance program assessments

• Coverage and gap analyses

• Preparation of RFP solicitation

• Proposal evaluations

• Cost and coverage comparisons

• Negotiation support

• Risk Profile Review

• Reviewing Legal and Claims

• Final recommendations for insurance placement

• Commission Presentation

Timeframe: Provide a timeframe from execution of contract to recommendation of award for insurance placement.

IV.H Tab 6: Fee Proposal

Submittals shall include a detailed fee proposal that separately identifies the cost for reviewing the City's allocation of insurance assets and coverage needs and the cost for each of the remaining services.

Fee proposal shall include options to add or remove services that may be required along with the associated costs.

Any work performed by the Consultant without approval by the City is performed at the Consultant’s own election.

13 | P a g e

Compensation to the Consultant for the services performed shall be as set forth on City issued purchase order as a result of a detailed proposal from the awarded consultant.

The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc. and other items not directly attributable to items produced for each project.

The fee structure will be evaluated utilizing the equation provided in the example below. Lowest cost proposed gets total points = 25 points

Example Submitted Fee Structure Lowest Cost % For Lowest Multiplier Points Awarded Company A $100,000 $100,000 100.00% 25 25 Company B $110,000 $100,000 90.91% 25 22.73 Company C $120,000 $100,000 83.33% 25 20.83 Company D $130,000 $100,000 76.92% 25 19.23 Company E $140,000 $100,000 71.43% 25 17.86

IV.I Tab 7: Statement of Acceptance, City Required Forms and Signed Addendums

Statement of Acceptance: Indicate any exceptions to the general terms and conditions of the solicitation, insurance requirements or any other requirements listed in the herein. If no exceptions are indicated in this section, it shall be understood that no exceptions to these documents shall be considered after the award, or if applicable, during negotiations.

Incorporation in a proposal of exceptions to any portion(s) of the solicitation specifications may invalidate the proposal. Exceptions to the specifications and conditions shall be clearly and specifically noted in the Proposer’s response on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS” and this sheet shall be uploaded with the submitted proposal.

Agency’s Terms and Conditions: Proposers must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in a contract negotiated with the City. Any additional terms and conditions, which may be the subject of negotiation, shall be discussed only between the City and the selected Agency and shall not be deemed an opportunity to amend the submitted proposal. Agencies may attach other materials that they feel may improve the quality of their responses. However, these materials should be identified as a supplement to their submittal.

City Required Forms and Signed Addendums: Upload completed city required forms and signed addendums

IV.J Complete Copy of Submittal

Upload as one (1) PDF document a complete copy of the proposal, including cover page, evaluation criteria, City required forms, and addendums. Submittal must be in the following order:

• Cover page with company logo

14 | P a g e

• Table of contents

• Tab 1: Executive Summary

• Tab 2: Qualifications and Experience

• Tab 3: Previous Experience, Past Performance, and References

• Tab 4: Capacity and Resources

• Tab 5: Deliverables and Timeframe

• Tab 6: Fee Proposal

• Tab 7: Statement of Acceptance, City Required Forms and signed addendums

Proposal must be in a professional format and signed by an authorized officer of your organization.

V. General Definitions

The following is a list of definitions for common purchasing terms. These terms are defined to provide a common understanding. Terms "Consultant", “Contractor”, “Company”, “Firm”, “Corporation”, “Business”, “Proposer,” “Respondent”, and/or “Vendor,” are used interchangeably within solicitations and are in reference to the person or entity submitting a response to a solicitation.

A complete, comprehensive reference guide for public purchasing terms and concepts can be found on the National Institute Government Purchasing (NIGP) website.

V.A Definitions

Agreement: An understanding, usually in writing, between two or more competent parties, under which one party agrees to certain performance as defined in the agreement and the second party agrees to compensation for the performance rendered in accordance with the conditions of the agreement. Agreements and contracts are sometimes used synonymously.

Bid: A quotation of price for commodity or service in response to an invitation to offer a price for commodity or service. These quotations may be formal or informal as defined herein.

City: City of New Smyrna Beach.

Claims and Notices: A notice is defined to be information rendered by either party to the other upon a condition becoming known pursuant to the following requirements. All claims, requests, substitutions, changes, notices, delays, and all other forms of notices or claims by the Contractor to the Owner must be in writing and promptly presented to the City Manager or designee. If none is so made, it is irrefutably presumed not to have been given by the contractor to the Owner.

15 | P a g e

Competitive Sealed Bids: The receipt of one or more sealed bids or proposals submitted by responsive and qualified bidders or offerors.

Construction: The process of utilizing labor to build, alter, repair, improve, or demolish any structure, building or public improvement; generally, does not apply to routine maintenance, repair, or operation of existing real property.

Consultant: A person or company that possesses unique qualifications that allow them to perform specialized advisory services usually for a fee.

Contract: The agreement executed by the Owner and the Contractor covering the work to be performed and including all Contract Documents.

Contractor: A person or firm who contracts to sell commodities or contractual services to the City.

Debarment: 1. Prohibits a seller or contractor from bidding on future requirements for cause for a certain period of time. 2. A sanction brought against a seller whereby they may not engage in future procurement actions. 3. To exclude or shut out of future solicitations and contracting opportunities.

Drawings: The drawings listed and described in the Contract Documents.

Evaluation Committee: A committee established to conduct an evaluation of proposals, interviews, and negotiations during the solicitation process for a specific product or service.

Usually composed of representatives from the functional area identified in the solicitation. May also be described as a Review Committee.

Firm: A partnership or business unit of two or more persons not recognized as a corporation.

Formal Bid: A written quotation of price for a commodity or service submitted in response to a written invitation or legal advertisement to offer a price for said commodity or service. Such quotations are submitted in a sealed envelope and opened at a specified time and place. Also known as a Solicitation.

Informality or Waiver: The act of disregarding minor informalities, errors, or technical nonconformance in the bid or proposal that will not adversely affect the competition or prejudice one bidder in favor of another.

Owner: City of New Smyrna Beach

Protest: A written objection by an interested party to a solicitation or award of a contract with the intention of receiving a remedial result.

Request for Proposals/Qualifications: A written request for proposals or qualifications from interested vendors and service providers that may or may not ask for pricing information. Also known as an RFP or RFQ.

Specifications: A clear, complete, and accurate statement of the technical requirements descriptive of an item and if applicable, the procedure to be followed to determine if the requirements have been met.

16 | P a g e

Subcontractor: Any person, firm or corporation other than the Contractor supplying material or labor for work at the site of the project. Such person or firm has contractual relations with the Contractor, but not with the Owner.

Sunbiz: Sunbiz.org is a web site for companies to register to transact business in the State of Florida. It is run by the Florida Department of State, Division of Corporations.

Sunshine Law: A law that requires public disclosure of a government act. Laws that require state and local agencies to conduct their business in the sunshine. In 1992, Florida voters reaffirmed the right to open government by approving an amendment adoption Article 1, [section] 24(6) of the Florida Constitution, which "grant[ed] constitutional status to the public's right of access to all levels of government." Many other states have also adopted similar laws. Public officials have a duty to conduct meetings in the sunshine. They also have a duty to protect the trade secrets of the suppliers with whom they do business.

Surety: Any person, firm or corporation that has executed as Surety.

Vendor: A person or entity that provides goods and/or services, usually for low-cost, low-risk, and short-term engagements.

VI. General Information

VI.A Ambiguity, Conflict, or Other Errors

If a proposer discovers any ambiguity, conflict, discrepancy, omission, or any other errors in this document, the proposer shall immediately notify the Purchasing Agent, noted herein, of such error in writing and request a modification or clarification of the document. The Purchasing Agent shall make modifications by issuing an addendum and shall post to the City's e- Procurement portal and give written notice to all parties who have received this document. No interpretation shall be considered binding unless provided in writing by the City of New Smyrna Beach.

The proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this document prior to submitting a response or it shall be waived.

VI.B Americans with Disabilities Act

Persons with disabilities needing special accommodation at public meetings should contact the Purchasing Department at 386-410-2654, no later than seven (7) days prior to the appropriate date on which the accommodation is requested.

17 | P a g e

VI.C Assignment

The Proposer shall not assign or transfer any contract resulting from this solicitation, including any rights title or interest therein, or its power to execute such contract to any person, company, or corporation without the prior written consent of the City.

VI.D Cancellation

The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best interest of the City. Availability of all information related to a cancelled solicitation is subject to Chapter 119, Florida Statutes.

VI.E City's Rights to Accept or Reject Proposals

The Owner reserves the unqualified right, in the Owner’s sole and absolute discretion, to reject any and all proposals, to waive any irregularities, or to accept a proposal which in the Owner’s sole and absolute judgment, shall, under all circumstances, best serve the public interest.

Any proposal may be rejected which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for, or which does not contain prices set opposite to each of the items in the bid form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published notice inviting proposals.

The City also reserves the right to award a contract based on experience and qualifications or to award only a portion of the services specified, if deemed to be in the City’s best interest.

VI.F Collusion Among Firms

More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is involved in more than one proposal will be cause for rejection of all proposals in which such Proposers are believed to be involved. Any or all proposals will be rejected if there is reason to believe that collusion exists between Proposers. Proposals in which the prices obviously are unbalanced will be subject to rejection.

The Proposer, by affixing its signature to a submitted proposal, certifies that its proposal is made without previous understanding, agreement, or connection with any person, firm or corporation submitting and making a bid for the same item(s), and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

VI.G Completeness and Compliance

Submitted proposals shall contain the information as required in this solicitation. Failure to submit the required information, or proposals that are incomplete and/or lack key information, may be rejected by the City.

18 | P a g e

All items contained in the proposal must be in total compliance with the specifications of this solicitation. Alternate proposals will not be considered unless specifically called for in this solicitation. Proposers’ attention is specifically called to the terms, conditions, and special provisions of this solicitation. Please be aware that, under the competitive process, the stipulations set forth herein are fully binding on the Proposer to the extent that you confirm acceptance by your electronic submission.

By submitting a response, the Proposer certifies that the Proposer has fully read and understands this solicitation document and has full knowledge of the scope, nature, quantity, and quality of work to be performed; the detailed requirements of the services to be provided;

and the conditions under which the services are to be performed.

VI.H Cone of Silence/Lobbying

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the posting of the Notice of Intended Award, excluding Saturdays, Sundays, and legal holidays, any City employee or official concerning any aspect of this solicitation, except in writing to the designated Procurement Officer or as otherwise provided in the solicitation documents. Violation of this provision may result in disqualification of the response.

If a recommendation to award is presented to City Commission for approval or for a request to provide authorization to negotiate a contract and the City Commission refers the item back to the City Manager, Procurement Department and/or the requesting Department for further review or otherwise and does not take action on the item, the cone of silence/lobbying black-out period will continue until such time as the City Commission meets to consider the item for action.

VI.I Conflict of Interest

The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their proposal the name of any officer, director, partner, proprietor, associate, or agent who is also an officer or employee of the City or any of its agencies. Further, all Proposers must disclose the name of any officer or employee of the City who owns, directly or indirectly, any interest in the Offeror’s firm or any of its branches or affiliate companies.

VI.J Cost of Submittal

Proposer understands that any and all costs related to the submittal of a proposal is considered an operational cost to the Proposer and shall not be passed on to or be borne by the City. By submission of a proposal, the Proposer agrees that any and all costs associated with the preparation of the proposal will be the sole responsibility of the Proposer. The Proposer also agrees that the City shall bear no responsibility for any costs associated with the preparation of the proposal including but not limited to any administrative or judicial proceedings resulting from the solicitation process.

19 | P a g e

VI.K Determining Responsibility

The determination as to whether a Proposer is considered responsible shall be at the sole discretion of the City. The City may request information relating to contracts similar to the requirements of this solicitation.

The City also reserves the right to reject the proposal of a proposer who has previously failed to perform properly or complete projects timely, whose investigations show that the proposer is not in a position to perform the contract.

In determining responsibility, the following qualifications, in addition to price, may be considered:

A. The Proposer's ability, capacity, and skill to provide the goods or to perform the service within the time specified;

B. The character, integrity, reputation, judgement, experience and efficiency of the Proposer;

C. The quality of performance of previous contracts or services including previous performance with the City;

D. The sufficiency of financial resources to meet the obligations of the required contract and to perform the services;

E. Quality Control Program.

F. Contract claims, litigation filed against the Proposer or filed by the Proposer for equitable adjustment; Reprimand of any nature or suspension by the Department of professional Regulation or any other regulatory agency or professional association in the past five (5) years.

G. Ability to provide future maintenance, service, and support of the goods/services under contract; and, H. Whether the Proposer is in arrears to the City on a debt or a contract or is a defaulter on surety to the City; or whether the Proposer's taxes or assessments are delinquent.

I. Such other information as may be relevant or secured.

VI.L Due Date

Electronic proposals shall be received prior to 2:00 pm on Friday, November 6, 2026 via the City’s e-Procurement Portal.

Submittals will not be permitted or accepted after this date and time. There is no expressed or implied obligation for the City of New Smyrna Beach to reimburse responding proposers for any expenses incurred in preparing a response to this solicitation.

Contact OpenGov technical support at support@opengov.com if technical difficulties arise during the submission of a proposal.

Received proposals are subject to the conditions specified herein and on any attached sheets, specifications, special conditions, or vendor notes.

20 | P a g e

The City is not responsible for the failure of a Proposer or the Proposer’s agent to submit responses in a timely manner. Proposals by email, telephone or fax shall be rejected as non-responsive.

VI.M Federal and State Tax

The City of New Smyrna Beach is exempt from Federal and State Sales and Use Taxes for tangible personal property. Anyone doing business with the City shall not be exempted from paying sales tax to their Suppliers for materials to fulfill contractual obligations with the City nor shall any Contractor be authorized to use the City’s Tax Exemption Number in securing such materials.

VI.N Foreign Corporation

In accordance with Section 607.1501 of the Florida Statutes, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State.

Foreign corporations may submit proposals prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S. 607.1501, prior to entering into a Contract with the City.

VI.O Governing Law/Jurisdiction

The interpretation, effect, and validity of any contract(s) resulting from this solicitation shall be governed by the laws and regulations of the State of Florida. In the event that a suit is brought for the enforcement of any term of the contract(s), venue of any court action shall be in Volusia County, Florida.

VI.P Human Trafficking

Compliant with Florida Statutes, 787.06.

A contract resulting from this solicitation is subject to the terms, conditions, provisions and requirements of Section 787.06 of the Florida Statutes and Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided a complete Human Trafficking Affidavit provided in the Attachment Section of this document.

VI.Q Immigration Reform and Control Act

Proposer acknowledges, and without exception or stipulation, any proposer receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded proposer to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately.

21 | P a g e

VI.R Inquiries

To ensure fair consideration for all parties, the City prohibits communication to or with any department, division, employee, or City representative from the issuance date of this solicitation until the City’s final action. Unauthorized contact regarding this solicitation with any employee, and/or elected City officials of the City of New Smyrna Beach other than purchasing may result in disqualification from this procurement process of the contacting individual/firm submittal.

All questions related to this solicitation shall be submitted in writing via the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before 5:00 pm on Wednesday, October 21, 2026. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

When asking questions, be sure to enter each question separately.

Proposers must clearly understand that the only official answer or position of the City shall be the one stated in writing by the City.

All responses to questions will be in the form of an addendum that will be posted on OpenGov.

Proposers are required to acknowledge receipt of the posted addendums, if any, by signing a posted addendum and submitting a signed copy with a submitted proposal.

It is the responsibility of the prospective respondents to check OpenGov for addendum(s) and other important information pertaining to this solicitation. The City reserves the right to make a written request for additional information from a Contractor/Vendor to assist in understanding or clarifying a proposal. The responses are to be provided in writing.

The City is not responsible for the content of any public solicitation package received through any 3rd party service or any source not listed above. It is the sole responsibility of the contractor to ensure the completeness of the documents received from any 3rd party. The City is not responsible for errors and omissions occurring in the transmission or downloading of any specifications from our or any website.

VI.S Joint Ventures

Proposers that are intending to submit a proposal as a joint venture are required to have filed proper documents with the Division of Corporations, and/or any other State or local licensing agency prior to submitting a proposal. Please refer to Section 489.119 Florida Statutes.

Joint venture proposers must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal Joint Venture Agreement between all joint venture parties, indicating their respective roles, responsibilities, and levels of participation for the project or services outlined herein.

VI.T Judgements/Legal Findings

By submitting a proposal for consideration, the proposer affirms that they currently have no judgements or other legal findings nor have any pending judgements or other legal findings against the company or any of its executives, with any federal, state or local governmental

22 | P a g e entities that in any way could impact or have the potential to impact their ability to complete any contract awarded them as a result of this solicitation. Failure to disclose any such judgments and/or findings will result in the termination of any contracts and other penalties as deemed legal and appropriate by the City.

VI.U Legal Requirements

Federal, State, County and local laws, ordinances, rules, and regulations that in any manner affect the item(s) covered herein apply. Lack of knowledge by the proposer will in no way be cause for relief from responsibility.

VI.V Liability

The City of New Smyrna Beach assumes no responsibility for the cost of preparing a response to this solicitation. The awarded proposer(s) shall hold and save the City of New Smyrna Beach, its officers, agents, and employees harmless from liability of any kind in the performance of or fulfilling the requirements of a contract which may result from award of this solicitation.

Neither party shall be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of nature and similar occurrences making performance impossible or illegal.

The proposer shall hold and save the City of New Smyrna Beach, its officers, agents, and employees harmless against claims by third parties resulting from the proposer r's breach of contract or negligence, including all attorney’s fees and costs, and shall pay any and all damages, fees, and costs assessed on behalf of the City. The City expressly reserves all rights, privileges, and benefits of sovereign immunity.

VI.W Method of Source Selection

The City of New Smyrna Beach is using the competitive sealed proposal methodology of source selection for this procurement, as authorized by the City Purchasing Policy.

VI.X On-line Provider Disclaimer

The City of New Smyrna Beach is the official source to obtain information relating to the City solicitations.

All documents regarding this solicitation are posted utilizing an online management system, OpenGov. There is no charge to register with OpenGov and/or to participate in the solicitation process.

It is recommended that proposer register and maintain their registration with OpenGov at www.OpenGov.com. This is a third-party provider that provides a platform to communicate solicitation information to the Public. OpenGov does not represent the City nor does communications through this provider constitute communications to the City. The City of New

23 | P a g e

Smyrna Beach is not responsible for errors and omissions occurring in the transmission or downloading of any documents from the online website.

In the event of any discrepancy between information on this website and the hard copy specifications, the terms of the hard copy specification will control.

VI.Y Opening of Proposals

Electronic proposals will remain sealed until 3:00 pm on Friday, November 6, 2026. Through Microsoft Teams, the received proposals will be publicly opened and the Proposers' names read aloud at that time. It is important to note that this is public meeting, and the meeting will be recorded.

Join Microsoft Teams meeting:

https://teams.microsoft.com/meet/227470308829917?p=4aaC9sCkeLx82WfAbQ Meeting ID:

227 470 308 829 917 Passcode: Ej2Mg6uR or call in (audio only) Dial by phone: 786-636-1338 Phone Conference ID: 811 989 289# or call in (audio only) 786-636-1338 Phone ID: 811 989 289#

VI.Z Payment

Florida Statute 218.70, et seq, known as the "Florida Prompt Payment Act" sets forth "the policy of this state that payment for all purchases by local governmental entities is made in a timely manner". This is also the policy of the City of New Smyrna Beach.

VI.AA Principals/Collusion

By submission of this proposal, the undersigned, as proposer, does declare that the only person or persons interested in this solicitation as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this solicitation or in the contract to be entered into; that this proposal is made without connection with any person, company or parties submitting a proposal, and that it is in all respects fair and in good faith without collusion or fraud.

VI.BB Prohibition of Gifts to City Employees

No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences:

A. Prohibition by the individual, contractor, and/or any employee of the contractor from contact with City staff for a specified period of time;

24 | P a g e

B. Prohibition by the individual and/or contractor from doing business with the City for a specified period of time, including but not limited to: submitting proposals, responses, and/or quotes and;

C. Immediate termination of any contract held by the…