ITN_24-26_Walton_County_Tower_Sites_Published.pdf

BOARD OF COUNTY COMMISSIONERS,

WALTON COUNTY, FLORIDA

INVITATION TO NEGOTIATE (ITN)

“ITN 24-26 for WALTON COUNTY

TOWER SITES”

The Board of County Commissioners, herein referred to as the (County), working in conjunction with the Walton County Sheriff’s Office (WCSO), is seeking proposals for the ITN from qualified firms, herein referred to as “Contractors” licensed to conduct business in the State of Florida, to design and install Tower Sites for support of the WCSO’s planned Project 25 (P25) radio communications system for mission-critical public safety communications, and to help integrate current and future broadband technologies into its public safety communications system within the County. The County is coordinating the procurement process on behalf of the WCSO.

ITN DEADLINE: June 17, 2024, no later than 2:00 PM (local time) and will open immediately thereafter.

SUBMITTALS RECEIVED AFTER THE AFOREMENTIONED DEADLINE DATE, EITHER BY MAIL OR OTHERWISE, WILL NOT BE CONSIDERED AND WILL BE RETURNED UNOPENED. THE TIME OF RECEIPT WILL BE

DETERMINED BY THE TIME RECEIVED IN THE PURCHASING AGENT'S OFFICE. IT IS THE SOLE

RESPONSIBILITY OF THE CONTRACTOR FOR ASSURING THAT THE ITN IS RECEIVED IN THE PURCHASING

OFFICE BY THE DESIGNATED DATE AND TIME. NO FAXED, ELECTRONIC, OR ORAL ITN WILL BE ACCEPTED.

OUR AREA IS NOT A DESIGNATED OVERNIGHT FED EX DELIVERY LOCATION. OUR OFFICE IS CLOSED ON ALL

FRIDAYS AND MAY 27TH, 2024. CONTRACTOR IS RESPONSIBLE FOR THE DELIVERY OF ITS SUBMITTAL TO OUR

OFFICE.

To be considered, all responses may be submitted digitally on a USB THUMB DRIVE along with ONE

ORIGINAL PAPER BID on the prescribed bid form or submitted electronically, which is the preferred method on the County’s e-Procurement Portal via the following link https://procurement.opengov.com/portal/waltoncountyfl.

Office of Central Purchasing c/o Senior Bids and Proposals Analyst

ITN 24-26

176 Montgomery Circle

DeFuniak Springs, Florida 32435

850-892-8176 https://procurement.opengov.com/portal/waltoncountyfl

TABLE OF CONTENTS

SECTION 1 –INTRODUCTION 4

1.1 Introduction………………………………………………………. 4

SECTION 2 -SCOPE OF WORK 4

2.1 General Scope of Work………………………………………… 4

SECTION 3 – ITN RULES AND INFORMATION 4

3.1 Contact Person……………………………………………….. 4

3.2 Schedule of Events…………………………………………… 5

3.3 Submission of ITN……………………………………. 5

3.4 ITN Opening………………………………………………… 6

3.5 Cost of Preparing ITN………………………………………. 6

3.6 Disposals of ITN…………………………………………….. 6

3.7 Rules for Withdrawal………………………………………… 6

3.8 Rejection of Submittal………………………………………. 6

3.9 Verbal Instructions……………………………………………. 7

3.10 Indemnification ……………………...……………………….. 7

3.11 Notices…………….………………………………………… 7

3.12 Public Entity……….………………………………………… 7

3.13 Drug Free Workplace……………………………………… 8

3.14 Insurance Requirements………………………………….… 8

3.15 Protest ……….………………………………………………. 10

3.16 Black out Period…………………………………………….. 10

3.17 Public Access……………………………………… 11

3.18 Sales and Use Tax ………………………………………….. 12

3.19 Addendums and Q&A Responses………………………….. 12

3.20 Representation……………………………………………… 12

3.21 E-Verify ……………………………………………………. 13

3.22 Lobbying Prohibition………………………………………. 13

3.23 Unauthorized Aliens ………………………………………. 13

3.24 Proposal Bond ………………………………………………. 13

3.25 Performance Bond …………………………………………. 14

3.26 Award of Contract …………….………………………….. 14

3.27 Applicable Laws and Regulations………………………… 16

3.28 Payments………………………………………………….. 16

3.29 Non-Collusion ………………………………………………. 16

3.30 Discrimination……………………………………………… 16

3.31 Conflict of Interest ………………………………………… 16

3.32 Equal Employment Opportunity; non-Discrimination……… 16

3.33 Certificate of Good Standing ………………………………

3.34 News Releases …………………………………………………. 17

3.35 Legal Status, Permits, Taxes and Fees ……………………………. 17

3.36 Governing Prices ………………………………………………… 17

3.37 Compliance with Laws ……………………………………………. 17

3.38 Quality of Products ………………………………………………… 17

3.39 Competition Intended ……………………………………………. 17

3.40 Brand Names …………………………………………………….. 18

SECTION 4 – SUBMITTAL REQUIREMENTS AND PROCEDURES 18

4.1 Submittal Format…………………..…………………………. 18

4.2 Prices …………………………………...………………………… 22

4.3 Payment Schedule…………………………………………………… 22

4.4 Complete Unambiguous, Concise Responses………………………. 22

4.5 Contact for Contract Administration……………………………… 22

4.6 Forms …………………………………..………………………. 22

4.7 Timely Performance – Liquidated Damages………………………. 22

4.8 Shipments …………..………………………. 23

4.9 Transfer of Title and Ownership ………..………………………. 23

SECTION 5 - EVALUATION, SELECTION, AND NEGOTIATION PROCESS 24

5.1 Evaluation Criteria…………………..…………………………. 24

5.2 Evaluation Procedures……………...………………………… 24

5.3 Negotiation Process……………………………………………… 25

SECTION 6 – TERMS AND CONDITIONS 26

6.1 Termination of Contract………………………………………. 26

6.2 Term of Contract………………………………………………. 26

COUNTY FORMS – RETURN WITH SUBMITTAL

Information Sheet………………………..……………………… 27

Contact for Contract Administration…………………………… 28

Public Entity Crimes……………………………………………. 29

Unauthorized Aliens………………..…………………………. 32

Conflict of Interest …………………………………………….. 33

Drug Free Workplace Certification…………………………….. 34

EXHIBITS

EXHIBIT A: TECHNICAL SPECIFICATIONS v. Dated 3/25/2024 35

EXHIBIT B: PRICING SHEETS Dated 3/25/2024. 99

SECTION I – INTRODUCTION

1.1 Introduction:

Walton County, Florida is growing rapidly and so is the need for in-building radio coverage for first responders. The County is seeking a value-conscious partner to design and build tower sites to support a new Project 25 (P25) public safety land mobile radio system and enhance cellular coverage throughout the County as part of a Public Private Partnership (3P).

Walton County is currently utilizing the State of Florida’s Statewide Law Enforcement Radio

System (SLERS). SLERS has six (6) sites located within Walton County, but the system does not provide sufficient in-building radio coverage for Walton County public safety operations.

It is expected that the new P25 radio system will require 21 sites, 14 of which will be new

(greenfield) tower sites. It is the desire of the County that the successful Contractor of the

Tower Site ITN will commit to build the tower sites required by the P25 system in exchange for long term leases on County property and favorable lease terms for future revenues generated by the tower sites. The overarching goal of this ITN is to build these tower sites in a manner required to support a public safety radio system with the minimum amount of capital and recurring cost to the County.

SECTION 2 - SCOPE OF WORK

2.1 General Scope of Work:

The Contractor’s proposed solution shall include the tower site design and construction, engineering, equipment and installation, implementation services, operator and technical training, and warranty services for any item provided to meet the requirements of this ITN.

The Contractor shall complete and pass all site acceptance tests of system components, including grounding, bonding, and surge suppression and standby generator load testing per the requirements of this ITN.

SECTION 3 – ITN RULES AND INFORMATION

3.1 Contact Person:

James Walters

Senior Bids & Proposals Analyst

176 Montgomery Circle

DeFuniak Springs, FL 32435

850-892-8176 waljames@co.walton.fl.us

All questions about the meaning or intent of the Contract Documents are to be posted on the

County's e-Procurement portal accessible via the following link;

mailto:waljames@co.walton.fl.us https://procurement.opengov.com/portal/waltoncountyfl. Questions shall be submitted no later than 12:00 Noon local time on May 30th, 2024. Questions submitted after that date and time will not be answered. DIRECTING QUESTIONS TO ANY OTHER COUNTY OR

WCSO STAFF MEMBER, PROJECT CONTRACTOR, OR ANY OTHER PERSON IS

PROHIBITED AND WILL RESULT IN SUBMITTAL BEING DISQUALIFIED. The

Senior Bids & Proposals Analyst will publish responses to questions and any addenda issued to the County’s e-Procurement portal via the following link;

https://procurement.opengov.com/portal/waltoncountyfl. Failure to submit requests in writing by the specified time shall not be grounds for a protest. Note: Written requirements in the

ITN or its amendments are binding, but any oral communications between you and us are not.

3.2 Schedule of Events:

Listed below are the important actions and dates/times by which the actions must be taken or completed. If the County finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local time in DeFuniak Springs, Florida.

DATE/TIME ACTION

May 3,2024 Advertised

May 20, 2024, 9:00 CST Mandatory-Pre-Proposal Conference

May 30, 2024 Question Period Closes

June 3,2024 Responses to Questions Posted

June 17, 2024, 2:00 p.m. CST Proposals Due

June 27, 2024 Oral Interviews (if required)

July 11, 2024, 1:00 p.m. CST Selection Committee Meeting

July 25, 2024 Board Recommendation to Award

July 29 – August 5,2024 Negotiations, Best and Final Offer, August 13, 2024 Contract Award

The MANDATORY Pre-Proposal conference will be held at the Walton County Sheriff’s

Office located at 10 Sheriff Circle, DeFuniak Springs, FL.

3.3 Submission of ITN:

Each proposal should be prepared simply and economically, providing straightforward, concise delineations of Contractor’s capabilities to satisfy the requirements of this ITN. Fancy bindings, colored displays, and promotional material are not required. Emphasis is on completeness and clarity of content.

The Contractor is required to carefully examine the ITN, attached documentation, and the

Technical Specifications to inform themselves thoroughly regarding all conditions and requirements that may in any manner affect the work to be performed under this contract. No allowances will be made because of a lack of knowledge of these conditions.

By submitting a proposal responsive to this ITN, the Contractor represents that;

• The Contractor has read and understands the ITN and the proposal is made in accordance therewith.

• The proposal is based solely upon the materials, systems, and equipment described in the ITN documents as advertised and as modified by addenda.

• The proposal is not based on any verbal instructions contrary to the ITN documents and addenda.

• The Contractor must be fully qualified under any state or local licensing law for

Contractors in effect at the time and at the location of the work before submitting a

Proposal. The Contractor shall be required to submit a Certificate of Licensure upon the execution of any resulting contract.

• The Contractor shall be responsible for determining that all subcontractors are duly licensed in accordance with law.

3.4 ITN Opening:

Proposals are due at the time and date specified in Section 3.2. Late submissions will not be considered.

3.5 Cost of Preparing ITN:

Neither the County, nor the WCSO are liable for any costs incurred by the Contractor in responding to this ITN, including those for oral presentations.

3.6 Disposals of ITN:

All proposals become the property of the WCSO and will be a matter of record.

3.7 Rules for Withdrawal:

Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that an ITN must be executed) and delivered to the place where proposals are to be submitted at any time prior to the opening of ITN.

Any submitted proposals shall remain open and subject to acceptance for a period of ninety

(90) calendar days after the date of the opening, but the County on behalf of and at the sole discretion of the WCSO may release any submittal responsive to this ITN.

3.8 Rejection of Submittal:

The WCSO reserves the right to accept or reject any Proposal as may be deemed by the WCSO to be in its best interest. The WCSO further reserves the right to waive any and all informalities, and reserves the right to reject all nonconforming, unresponsive proposals. The

WCSO reserves the right to reject the proposals of any Contractor or individual if the WCSO believes that it would not be in the best interest of the WCSO to make an award to that

Contractor, because the Proposal is not responsive or responsible, or the Contractor is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by and in the discretion of the WCSO.

3.9 Verbal Instructions:

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any County or WCSO employee. Only those communications from Contractors, which are signed, and in writing will be recognized by the WCSO as duly authorized expressions on behalf of the Contractor. Any and all communication with

County Commissioners, County staff members other than the Office of Central

Purchasing, or WCSO employees is prohibited.

3.10 Indemnification:

Contractor shall indemnify and save harmless the WCSO, its officers, agents, and employees, from all claims, suits, or actions at law or equity, damages, losses, and expenses, whether direct or indirect, or consequential, including but not limited to charges of engineers, attorneys, and other professionals and costs of both defense and appeal, in a court of law or other tribunal, for any reason whatsoever, including but not limited to bodily injury, sickness, disease, or death of any person, including employees of Contractor or any subcontractor, or injury to or destruction of property, including loss of use, which claims are arising out of, related to, connected with, or caused by Contractor, or any subcontractor of Contractor, negligent performance or non-performance of the project. The provisions of this indemnification agreement shall include all accidents, injuries, and claims made, whether or not caused in part, by any act or omission of the WCSO, its respective officers, agents, or employees, provided Contractor shall not be required to indemnify the WCSO for its own negligence.

The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28

3.11 Notices:

Any notices to be given under a Contract shall be given by United States Mail, addressed to

Contractor at its address stated therein, and to the WCSO at its address stated therein.

Additional notice may also be given by email in which case it shall be deemed that notice was provided on the date said email was received. The party providing notice by email shall confirm that the email was received by the other party.

3.12 Public Entity:

The Contractor must sign and complete a Public Entity Crime Sworn Statement as defined under Section 287.133(3) (a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a consultant, supplier, or subcontractor, 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 vendor list.

3.13 Drug Free Workplace:

Contractor must complete the Drug Free Workplace Certification form, attached and made a part of the proposal. Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals, which are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certified that it has implemented a drug-free work place program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied Contractors have a drug-free workplace program.

3.14 Insurance Requirements:

Contractor shall purchase and maintain through the Contract period workers compensation, comprehensive general liability (occurrence form), comprehensive automobile liability, professional liability, including errors and omissions coverage if applicable, and other insurance as is appropriate for the project being performed hereunder by Contractor, its employees, subcontractors, or agents. The amounts and types of workers compensation, comprehensive general liability (occurrence form), comprehensive automobile liability insurance, and professional liability insurance shall conform to the following minimum requirements:

1. Worker's Compensation Coverage must apply for all employees and statutory limits in compliance with the applicable state and federal laws unless Contractor provides a current Florida Workers

Compensation exemption certificate. In addition, the policy must include the following:

a. Employer's Liability with a minimum limit per accident in accordance with statutory requirements.

b. Notice of Cancellation and/or Restriction. The endorsed to provide the County with thirty (30) days’ written notice of cancellation and/or restriction.

2. Comprehensive General Liability Coverage must include:

a. $1,000,000 combined limit per occurrence for bodily injury, personal injury, and property damage. If contract is less than $100,000.00, then general liability insurance requirement is $300,000.00.

b. Contractual coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement.

c. County is to be specifically included as an additional insured.

d. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the County with thirty (30) days’ written notice of cancellation and/or restriction.

3. Comprehensive Automobile Liability Coverage must be afforded on a form no more restricted than the latest edition of the

Comprehensive Automobile Liability Policy filed by the

Insurance Services Office and must include:

a. $300,000 combined single limit per accident for bodily injury, and property damage.

b. Owned Vehicles.

c. Hired and Non-Owned Vehicles.

d. Employee Non-Ownership.

e. County is to be specifically included as an additional insured.

f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the County with thirty

(30) days’ written notice of cancellation and/or restriction.

4. Professional Liability Coverage must include:

a. Minimum limits of $1,000,000 per occurrence and in the aggregate for claims of malpractice, negligence, and error and omissions.

b. Notice of Cancellation and/or Restriction. The Policy must be endorsed to provide County with thirty (30) days’ prior notice of cancellation and/or restriction of coverage by changed exclusion.

Certificates of Insurance evidencing the insurance coverage specified in this Article shall be submitted to the WCSO with the executed Contract. The Certificates of Insurance shall be filed with the WCSO before this Contract is deemed approved by the WCSO. The required

Certificates of Insurance not only shall name types of policies provided, but also shall refer specifically to this Contract. All the policies of insurance so required of Contractor shall be endorsed to include as additional insured the WCSO, its officers, employees, and agents, except for Worker's Compensation. If the initial insurance policy expires prior to completion of the project, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of the policy expiration.

The purchase of any of the above-referenced insurance policies shall not release the Contractor or any Surety created by this Contract from any obligation, warranty, or guarantee provided in this Contract.

The Insurance Company(ies) shall be authorized to conduct business in the State of Florida.

Any risk of loss of completed work on the project, or work in progress on the project, equipment and material stored on or off the project site, or in transit, shall be borne by the

Contractor through the date of final completion for the project.

3.15 Protest:

Any person or entity whose proposal is rejected, in whole or in part, or who submits a proposal but is not awarded the contract, may protest such decision. Written notice of intent to file a proposal protest must be submitted with the Chief of Emergency Services within twenty –four

(24) hours after the WCSO’s declaration of its intention with regard to an award. Written protest must be submitted to the Chief of Emergency Services within ten calendar days after filing written notice of intent.

Each written protest must be accompanied by a protest bond in the form of a certified check, cashier’s check or money order made payable to the Walton County Sheriff’s Office, County of Walton, Office of the Sheriff, in an amount equal to 1% of the protestor’s proposal received by the County on behalf of the WCSO, but in no case less than $500.00.

3.16 Black out Period:

The period between the beginning of the advertisement for the ITN and the contract award, or any resulting bid protest is resolved, or the ITN is otherwise canceled is referred to as the

Blackout Period. During the blackout period, any communication regarding the aforementioned ITN is prohibited between the bidder (or its agents or representatives) or other entity with the potential for a financial interest in the award (of their respective agents or representatives) regarding such competitive ITN and any County Commissioner, County employee, WCSO employee, selection committee member, or other persons authorized to act on behalf of the WCSO including the WCSO’s Consultants, their sub-contractor, or anyone designated to provide a recommendation to award a particular contract. The ITN shall provide notice of the blackout period.

Exception to the Blackout Period;

The blackout period shall not apply to:

a. Communications at any public proceeding or meeting, including pre-bid conferences, selection committee presentations, or pre-award meetings.

b. Communications during contract negotiations between designated

WCSO employees and the intended contract awardee.

c. Communication with a Contractor by a WCSO employee following the bid opening to clarify the Contractor’s bid or intended scope of services.

d. Communication following the filing of a protest between the protesting party and the WCSO, during the dispute resolution process.

e. Communications with existing Contractor in the performance of existing contract.

3.17 Public Access:

A. A request to inspect or copy public records relating to this Contract must be made directly to the WCSO. If the WCSO does not possess the requested records, it shall immediately notify the Contractor of the request, and the Contractor must provide the records to the WCSO or allow the records to be inspected or copied within a reasonable time. If Contractor fails to provide the public records within a reasonable time, Contractor may be subject to penalties under §119.10, F.S.

Contractor shall comply with the requirements of Florida’s Public Records law In accordance with Section 119.0701, Florida Statutes, the Contractor shall (1) Keep and maintain public records required by the public agency to perform the service; (2) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida’s Public

Records law or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the public agency; and (4)

Upon completion of the contract, transfer, at no cost, to the public agency all public records

In possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this contract, the Contractor shall meet all applicable requirements for retaining public records.

All records stored electronically must be provided to the public agency, upon request from public agency’s custodian of public records, in a format that is compatible with the information technology system of the public agency.

B.

IF A CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTRACTOR SHALL

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

C.

Walton County Sheriff’s Office

37 S. 10th Street

DeFuniak Springs, Florida 32433

(850) 892-8111 wcsopublicrecords@waltonso.org

Public records may also be requested on the WCSO website at https://waltonso.org/records-request/

3.18 Sales and Use Tax:

The Contractor agrees that any and all applicable federal, state, and local sales and use taxes that are incurred by the Contractor are included in the stated bid price for the project. The

WCSO is tax exempt from federal excise and state sales tax.

3.19 Addendums and Q&A Responses:

Changes to this ITN may be made by and at the sole discretion of the County in coordination with the WCSO. The County may issue Addendums on behalf of the WCSO to modify the

ITN as deemed appropriate. Clarifications to questions asked during the open Q&A period may also be issued as appropriate. Addendums and Q&A responses to this ITN will be posted publicly on the County’s e-Procurement portal accessible via the following link;

https://procurement.opengov.com/portal/waltoncountyfl.

3.20 Representation:

The Contractor represents to the County that:

mailto:wcsopublicrecords@waltonso.org https://waltonso.org/records-request/ https://waltonso.org/records-request/

3. The Contractor is properly certified and licensed; is solvent financially; is experienced in and competent to provide the services.

B. The Contractor is familiar with all federal, state, local, or other regulatory laws, ordinances, and regulations, which in any manner whatsoever, may affect the provision of services.

3.21 E-Verify:

Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of (a) all persons employed by the Contractor during the term of any resulting contract to perform employment duties within Florida; and (b) all persons

(including subcontractors) assigned by the Contractor to perform work pursuant to the contract.

3.22 Lobbying Prohibition:

No funds received pursuant to any contract resulting from this ITN may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with

Section 216.347 Florida Statutes.

3.23 Unauthorized Aliens:

Contracting with individuals or businesses that knowingly utilize services of unauthorized aliens in the performance of contracts for goods or services with the WCSO is prohibited.

Employment by Contractor or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. Contractor shall complete and submit the attached Unauthorized Aliens Form with their proposals.

3.24 Proposal Bond:

All proposals shall be accompanied by a bid security in an amount of ONE THOUSAND

AND 00/100THS DOLLARS ($1,000.00) made payable to Walton County Sheriff’s Office, and in the form of a certified bank check or bid bond issued by a surety authorized to conduct business in the State of Florida, and having an A.M. Best rating of V-A or better, and who is listed on the United States Treasury Department’s T-list as acceptable to issue bonds for the applicable dollar amount.

The bid security of Contractor selected for award will be retained until such Contractor has executed the contract resulting from this ITN and has furnished the required certificates of insurance. If the selected Contractor fails to execute and deliver the contract, or furnish the certificate of insurance, within five (5) business days after the notice of award, the County may annul the notice of award and the bid security of that Contractor will be forfeited. The bid security of other Contractors may be retained by the County until ten (10) calendar days after the notice of award, whereupon bid security furnished by such Contractors will be returned.

Failure to submit an appropriate proposal bond shall result in the proposal being declared unresponsive.

3.25 Performance Bond:

The Contractor shall furnish and pay for a performance, and payment bond written by a company licensed to do business in Florida, which shall be signed by the surety's agent or attorney-in-fact and countersigned by a person who is under contract with the surety as a licensed agent in this state and who is residing in this state in an amount equal to 100% of the

Contract amount. Surety must be listed currently on the U. S. Department of Treasury

Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the Contract amount or must be an insurance company domiciled in Florida or owned by Florida residents. If surety is qualified other than by listing on the Treasury list, the

Contract amount may not exceed fifteen percent of policyholder’' surplus as shown by surety’s most recent financial statements filed with the Florida Department of Insurance and may not exceed the amount of $500,000. However, a Florida domiciled insurance company with at least an A-rating shall not be subject to the $500,000 limitation, provided that the Contract amount does not exceed ten percent of policyholders’ surplus nor fifteen percent of policyholders’ surplus as shown by surety’s most recent financial statements filed with the

Florida Department of Insurance. The bond shall be signed by the surety’s agent or attorney-in-fact and countersigned by a person who is under contract with surety as a licensed agent in this State and who is residing in this State. The bond shall be in favor of the WCSO.

The bond requirements set forth herein and in all Contract documents shall be at all times and by this term are amended to conform to state law.

The Contractor shall require the attorney-in-fact who executes the required bond on behalf of the surety to affix thereto a certified and current copy of a power of attorney.

3.26 Award of Contract:

The WCSO’s selection committee will review all ITN submittals and will rank the

Contractor’s proposals.

The WCSO will award the contract to the most qualified Contractor, and the WCSO reserves the right to award the contract to the Contractor submitting the most responsive submittal with a resulting negotiated contract which is most advantageous and in the best interest of the

WCSO, and to reject any and all responses or to waive any irregularity or technicality in responses received. The WCSO shall be the sole judge of the proposals and the resulting negotiated contract that is in its best interest and its decision shall be final.

The WCSO specifically reserves the right to reject any conditional responses which make it impossible to determine the true quality of services to be provided by Contractor.

The WCSO intends to award a contract(s) that includes each identified system component.

However, the WCSO specifically reserves the following rights, consistent with procuring a system that best meets the needs of the WCSO and system users:

• The WCSO reserves the right to accept or reject any and all proposals, or any portion thereof, to waive any informalities or irregularities, and to award this bid, in whole or in part, in the best interest of the WCSO.

• The WCSO reserves the right to accept all or part of any proposal, depending solely upon the requirements and needs of the WCSO.

• The WCSO reserves the right to seek clarifications regarding any proposal submitted, or specific aspects of any proposal, prior to the contract award. After seeking such clarifications, the WCSO shall allow the Contractor an opportunity to provide the requested clarification.

• The WCSO reserves the right to adjust item quantities and/or reconfigure the communications system in the best interest of the WCSO subsequent to contract award.

• The WCSO may request an interview with and/or oral presentation from any

Contractors that submit a proposal. These meetings provide an opportunity for the

WCSO to ask questions and for the Contractor to clarify its proposal or demonstrate its product/solution.

• The WCSO reserves the right to delay evaluation and award for up to 12 months following the receipt of proposals. All proposals must be valid for a period of not-less-than one year following submittal.

If multiple contracts are awarded, in lieu of a turnkey contract, the WCSO may:

• Negotiate additional scope of work to designate one of the selected Contractors as the project’s prime Contractor.

• Or allow one of the selected Contractors to provide system integration or prime

Contractor services, provided that the selected Contractor has submitted a separate proposal for those services.

3.27 Applicable Laws and Regulations:

All applicable federal and state laws, County and municipal ordinances, orders, rules, and regulations of all authorities having jurisdiction over the project shall apply to the proposals throughout, and they will be deemed to be included in the contract the same as though they were written in full therein.

3.28 Payments:

The Contractor shall be paid upon submission of invoices and approval of acceptance by the

WCSO for the contract prices stipulated for services rendered. All invoices must show the

Contract #. Invoices for fees or other compensation must be submitted in sufficient detail to demonstrate compliance with the terms of this ITN and resulting contract. Invoices will be paid in accordance with the State of Florida Local Government Prompt Payment Act, Florida

Statutes Chapter 218.

3.29 Non-Collusion:

Contractor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in an unfair advantage over other

Contractors. See Florida Statute 838.22.

3.30 Discrimination:

An entity or affiliate who has been placed on the discriminatory vendor list may not submit qualifications for a contract to provide goods or services to a public entity, may not submit proposals on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a Contractor, supplier, subcontractor under contract with any public entity, and may not transact business with any public entity.

3.31 Conflict of Interest:

The ITN and resulting contract award is subject to the provisions of Chapter 112, Florida

Statutes. All Contractors must disclose with their submittal the name of any officer, director, or agent who is also a public officer or an employee of the Walton Board of County

Commissioners, any of its agencies, and/or the WCSO. Furthermore, all Contractors must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Contractor or any of its branches. The Contractor shall provide in their submittal a copy of the signed form included in this ITN.

3.32 Equal Employment Opportunity; Non-Discrimination:

The Contractor will not discriminate against any employee or an applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age, familial status, or handicap.

3.33 Certificate of Good Standing:

Florida Statute 607.1501 requires that all vendors who wish to do business in the State of

Florida be licensed to do business through the Florida Department of State, Division of

Corporations and be in good standing with the State of Florida. As such, to do business with the WCSO a vendor must provide a Certificate of Good Standing with their bid/proposal package to the County. For more information on doing business in the State of Florida, including how to register your business, please refer to the following Florida Department of

State website: Division of Corporations – Florida Department of State (myflorida.com)

3.34 News Releases:

News releases pertaining to the award resulting from the ITN shall not be made without prior written approval of the WCSO.

3.35 Legal Status, Permits, Taxes and Fees:

All proposals shall be inclusive of the costs of all business and professional licenses, permits, taxes, and fees as required by federal, state, or local governmental agencies.

The Contractor shall not be permitted to propose or perform any type or types of work not included in the classification under which his license was issued.

3.36 Governing Prices:

Lump sum proposal prices must be firm, and prices written in words shall govern over prices written in figures. Prices submitted must be based upon payment terms negotiated with the selected Contractor.

3.37 Compliance with Laws:

By submission of a proposal, all vendors agree that they are in compliance with all federal, state and local laws pertaining to this proposal, including but not limited to, Florida Statues

817.569.

3.38 Quality of Products:

Unless otherwise indicated in this proposal, it is understood and agreed that any item offered or shipped on this Proposal shall be new, the latest model, and in first class condition, and https://dos.myflorida.com/sunbiz/ when applicable, all containers shall be new and suitable for storage or shipment and that prices include standard commercial packaging.

3.39 Competition Intended:

A Contractor, who discovers a discrepancy or omission in the Technical Specifications or is in doubt of the interpretation of any part of the solicitation or considers that the Technical

Specifications or solicitation is restrictive or discriminatory, shall notify the Senior Bids and

Proposals Analyst, in writing, no later than five (5) working days prior to the scheduled proposal opening or at a pre-proposal conference should one be scheduled. Exceptions taken do not obligate the County or the WCSO to change or alter specifications.

This ITN may only be amended, supplemented, modified, or changed by written addendum provided by the Senior Bids and Proposals Analyst.

3.40 Brand Names:

Names of a certain brand, make, manufacturer, or definite specification appearing in the

Technical Specifications are used only to denote the quality standard of the product required and do not restrict Contractors to the specific brand, make, manufacturer, or specification named. These names are used only to set forth and convey to prospective Contractors the general style, type, character, and quality of the product required. Equivalent products will be acceptable.

It shall be the responsibility of the WCSO engineers and consultants to determine what is considered an equivalent product on any and all projects in which they have been legally employed to perform professional services.

SECTION 4 – SUBMITTAL REQUIREMENTS AND PROCEDURES

4.1 Submittal Format:

Responses to this ITN shall be formatted as described below. The WCSO reserves the right to reject any and all proposals, to waive defects and formalities in proposals, and to award the contract to the selected Contractor which the WCSO considers having submitted the best and most advantageous proposal.

Contractors are expected to examine the specifications, price proposal schedule, and all instructions. Failure to do so will be at the Contractor’s risk. Each Contractor shall provide the information required by the solicitation. The proposal and price proposal schedule must be signed by an officer of the company, who is legally authorized to enter into a contractual relationship in the name of the Contractor and attested by the Corporate Secretary.

All proposals received will become a part of the official contract file and may be subject to disclosure. In order to enhance this process and provide each Contractor an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal must contain the following elements organized into separate chapters and sections, as the Contractor may deem appropriate:

Tab 1. Letter of Response:

A brief letter of introduction and interest. Letter shall be completed by a corporate officer or principle of the Contractor authorized to obligate the Contractor contractually. The letter should include the location of the Contractor’s office that will be the lead office for this contract as well as the primary contact person, phone number, and email address. Indicate whether you operate as a single proprietorship, partnership, or corporation. Include the state(s) in which you are incorporated and/or licensed to operate.

Tab 2. Table of Contents: Including all sections and subsections.

Tab 3. Project Team, Qualifications, Experience, Capabilities, and References:

Include an organization chart and summary resumes of key personnel proposed for the project, including designations of the team leader, the consultant responsible for design, the project architect, the person responsible for all proposed communications with the owner, and all proposed subcontractors and description of their roles.

A. This section must include the qualifications of the staff the Contractor will assign to this project once selected. At a minimum, the proposal should:

(1) Designate a project manager. A dedicated project manager is to be placed on this project that possesses an active certification in a project management related philosophy (e.g., PMP, ITIL). This certification must remain valid during the term of a contract resulting from the ITN.

(2) Include the organization, functional discipline, and responsibilities of project team members.

(3) Provide a complete resume or description of each team member's education, professional experience, and length of time employed by the

Contractor and/or a subcontractor.

(4) The personnel named in the proposal shall remain assigned to the project throughout the period of the contract. No diversion or replacement may be made without submission of a resume of the proposed replacement and the final approval of the WCSO.

(5) The Contractor shall clearly state if it is proposing to subcontract any of the work herein. The names of subcontractors are to be provided, and by proposing such firm(s) or individuals, the Contractor assumes full liability for the subcontractor(s) performance.

B. Project References. This section of the Contractor’s proposal should:

(1) List or describe representative clients currently served, both nationally and by the local office, focusing on clients with projects similar in size and complexity as that required by the WCSO.

(2) Provide the current name, address, and telephone number of at least three (3) specific reference (preferably local government) systems within the continental United State of similar size, scope, and technology which were developed and installed by the Contractor either currently or in the past two years; preferably those where one or more of the project team members provided the same or similar services as requested herein.

(3) Each reference should indicate the scope of services provided to each referenced client.

Tab 4. Point by Point Response to ITN Requirements:

To ensure prompt and objective evaluation of the proposals, the proposal shall address, in writing, every numbered section in this ITN in the order in which it appears, for each paragraph, using a font with bold and italics to clearly delineate responses to each subsection.

The paragraph-by-paragraph response shall indicate compliance with every described requirement, specification, and function included in the ITN will be provided in a Microsoft

Word file to facilitate preparation of your response. The response to each numbered section shall indicate whether the proposed system:

A. Fully Complies with the requirement. Enter “Comply”.

B. Partially complies with the requirement. Enter “Partial Compliance”.

Explain in detail each deviation that is provided.

C. Cannot meet the requirement and the Contractor shall take exception to the requirement. Enter “Exception Taken”. Explain in which way your firm either cannot comply or will not comply.

D. Is either not compliant or partially compliant with the paragraph’s requirement, but that the required capability will be developed specifically for the WCSO. Enter “To Be Developed”. With this response, the

Contractor shall describe the time frame in which the capability will be developed (e.g., prior to going live, within the first year of warranty, etc.).

E. The specified requirement is met with an alternate solution that meets the same functional requirement. Enter “Substitution”. Explain in detail the proposed substitution, the reason for the substitution, and the impact of achieving the required solution.

F. In paragraphs that primarily describe existing conditions or contain other topics for which a response of comply, partially comply, or exception taken is not appropriate, the Contractor shall indicate that it has reviewed the paragraph, understands its content, and the proposed system is not in conflict therewith. Enter “Understood”.

Proposals shall include each numbered section of this ITN immediately followed by one of the acceptable responses indicated above. That is, at minimum, responses shall include each numbered section paragraph immediately followed by “Comply”, “Partial Compliance”, “To

Be Developed”, “Exception Taken”, “Substitution”, or “Understood”. The response shall then be immediately followed by an appropriate explanation of how the proposed system is fully, partially, or not in compliance with the indicated need/requirement, and if appropriate, an explanation of how the system will be modified and the time frame for the modification in order to meet the specified requirement.

Responses to this ITN that do not follow this specified format will have evaluation points deducted and may be rejected.

Tab 5. Project Management Plan and Implementation Schedule:

This section should describe the recommended approach and provide a detailed project management plan regarding the assistance to be provided. The Contractor should clearly distinguish tasks that the Contractor will undertake as distinguished from those that are the responsibility of the WCSO. Absence of this distinction will mean the Contractor is fully assuming responsibility for all tasks. The project management plan must discuss the staffing level(s) required to complete each task, as well as, the relative effort that each member of the proposed project team will devote to the project. The project management plan should also discuss documentation and/or authorizations that will be required from the WCSO, anticipated problem areas, proposed solutions to the problem areas, etc.

The project management plan steps should be supported by the proposed hours the Contractor agrees to commit to assist the WCSO plus the hours and resources required by the WCSO's staff to assist. The Contractor should clearly specify who has primary responsibility for each plan element; the Contractor or the WCSO's staff. In this section, the Contractor must present a plan that clearly explains how it will manage and control all proposed activities and the resulting timetable. The firm must explain how the management and administrative processes will ensure that appropriate levels of attention are given so that work is properly performed and that milestones are met on a timely basis as proposed.

The implementation schedule should set forth beginning and ending dates, deliverables, and major milestones for a proposed timetable that coincides with the proposed project management plan. The implementation schedule shall be provided to the WCSO in Microsoft

Project format.

Tab 6. Pricing Worksheets (EXHIBIT B) Submittal:

Tab 7. Required Forms and Documents:

4.2 Prices:

The Contractor shall provide detailed pricing with clear explanations to any and all proposed costs that will be placed on the WCSO. The pricing should detail all capital and recurring cost that will be required from the WCSO, lease terms for every new tower site constructed, maintenance terms and costs, revenue sharing from commercial tenants at the tower site, and any other costs that will be expected from the WCSO.

Pricing shall be provided in both PDF and Excel formats to assist in the evaluation of costs.

4.3 Payment Schedule:

The Contractor should provide a proposed payment schedule for all cost that will be the responsibility of the WCSO. It is understood that the final payment schedule will be negotiated with the successful Contractor.

4.4 Complete, Unambiguous, Concise Responses:

All requirements of this ITN should be answered as concisely as possible. Ambiguous statements, such as “All reasonable effort to provide maintenance, etc.,” may be grounds to declare a proposal non-responsive.

4.5 Contact for Contract Administration:

Contractors shall return the Contact for Contract Administration Form. This shall be the

Contractor’s representative for the day-to-day activities of the contract.

4.6 Forms:

It is MANDATORY that Contractors return the Submittal Checklist with all applicable and required submittals listed therein and include them in Tab 7. Remember to check for any published Addenda or responses to questions on the County’s e-Procurement portal accessible via the following link; https://procurement.opengov.com/portal/waltoncountyfl.

4.7 Timely Performance - Liquidated Damages:

Contractor hereby acknowledges that time is of the essence in completion of its obligations as defined in the contract between the WCSO and the Contractor, and represented in the

Contractor’s Project Schedule.