REQUEST FOR QUALIFICATIONS

RFQ 26-DS-05

PLANNING CONSULTANT SERVICES

City of Edgewater, Florida

104 North Riverside Drive

Edgewater, FL 32132

RELEASE DATE: September 2, 2026

DEADLINE FOR QUESTIONS: September 15, 2026

RESPONSE DEADLINE: September 29, 2026, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/edgewater https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Edgewater, Florida

REQUEST FOR QUALIFICATIONS

Planning Consultant Services

1. City of Edgewater

2. Introduction

3. Instruction for Qualifications

4. Scope of Work

5. Terms and Conditions

6. Insurance Requirements

7. Contract/Agreement & All Required Forms

8. Submittal Requirements

9. Funding Source Requirements (as applicable)

10. Evaluation Phases

11. Vendor Questionnaire

Attachments:

A - General Terms and Conditions of Purchase Orders

B - 2022_tax_exemption City of Edgewater

C - City of Edgewater W-9

Request for Qualifications #RFQ 26-DS-05 Title: Planning Consultant Services

1. City of Edgewater

1.1. Legal Notice

Notice is hereby given that the City of Edgewater is accepting Sealed Qualifications from interested and qualified firms to provide Planning Consultant Services. Qualifications will be received until 10:00 am, on

Tuesday, September 29, 2026 via the City’s e-Procurement Portal, OpenGov.

RFQ 26-DS-05

"Planning Consultant Services"

In accordance with the “Consultants Competitive Negotiation Act” (F.S. 287.055), The City of Edgewater has issued this Request for Qualification (hereinafter, “RFQ”) with the sole purpose and intent of obtaining Qualifications from interested and qualified firms offering to provide Planning Consultant

Services in accordance with the terms, conditions, and specifications stated herein.

All required documents shall be completed and submitted through the City's e-Procurement Portal.

City of Edgewater does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status.

This Public Notice has been posted on the City’s e-Procurement Portal, on the City of Edgewater Finance website: www.cityofedgewater.org, and in the Lobby of City Hall on Wednesday, September 2, 2026.

Persons with disabilities needing assistance to participate in any of these proceedings should contact the

City Clerk, 48 hours in advance of the meeting.

https://procurement.opengov.com/portal/edgewater https://www.cityofedgewater.org/202/City-Clerk

2. Introduction

Thank you for your interest in doing business with the City of Edgewater, 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.

The awarded respondent must be registered with the Florida Department of State and licensed to do business in the State of Florida.

2.1. Summary

In accordance with 40 U.S.C. §§ 1101–1104 (Brooks Act) and the “Consultants’ Competitive Negotiation

Act” (F.S. 287.055), the City of Edgewater (hereinafter, “City”) has issued this Request for Qualifications

(hereinafter, “RFQ”) with the sole purpose and intent of obtaining Qualifications from interested, experienced, and qualified firms to provide Planning Consultant Services, in accordance with the specifications stated and/or attached herein. The successful proposer will hereinafter be referred to as the “Consultant”.

Qualifications will be received until 10:00 am, on Tuesday, September 29, 2026 via the City’s e-

Procurement Portal, OpenGOv.

If awarded, a contract to provide these services will be effective on the date the contract is approved by the City of Edgewater City Council (hereinafter, the “Council”), signed by all required parties, and filed with the City Clerk.

As is more fully explained in ”Instruction for Proposal – Proposal Evaluation Committee and Evaluation

Factors” of this RFQ, an award, if made, will be made to the most qualified proposer(s) whose submission is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth in this RFQ. The City will not use any other factors or criteria in the evaluation of the qualifications received.

Pursuant to Section 287.055(4)(b), Florida Statutes, no information related to compensation should be submitted with the qualifications.

2.2. Background

The City serves an area of 25 square miles with a population of approximately 24,000. The City’s fiscal year begins on October 1st and ends on September 30th. The Finance Department maintains the funds and accounts of the City. The Finance Department is responsible for the custody and accounting of funds of each department.

More detailed information on the government and its finances can be found in City of Edgewater’s

Annual Comprehensive Financial Report and in the City’s Annual Budget. Copies of these documents may be viewed on www.cityofedgewater.org. The City of Edgewater is exempt from any and all state, local, and federal taxes.

https://secure.procurenow.com/portal/edgewater/projects/295914/document?section=undefined http://www.cityofedgewater.org/

2.3. Contact Information

Purchasing Department

Purchasing

104 N RIverside Drive

Edgewater, FL 32132

Email: purchasing@cityofedgewater.org

Phone: (386) 424-2400

Department:

Development Services

2.4. Timeline

The following projected timetable should be used as a working guide for planning purposes only. The

City reserves the right to adjust this timetable as required during the course of the RFQ process.

Issue RFQ September 2, 2026

Deadline for Questions September 15, 2026, 3:00pm

Addendum Due September 22, 2026, 4:30pm mailto:purchasing@cityofedgewater.org tel:(386)424-2400

RFQ Due September 29, 2026, 10:00am

Qualifications must be submitted via the City's

OpenGov platform.

RFQ Opening will be held in person and via Zoom:

City of Edgewater Council Chambers

104 N Riverside Drive

Edgewater, FL 32132

Join Zoom Meeting https://us06web.zoom.us/j/81181660102?pwd=jI9

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Meeting ID: 811 8166 0102

Passcode: 861257

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Evaluation Committee Meeting Phase 1 October 6, 2026, 10:00am

City of Edgewater Council Chambers

104 N Riverside Drive

Edgewater, FL 32132

Evaluation Committee Meeting Phase 2 October 16, 2026, 2:00pm

City of Edgewater Council Chambers

104 N Riverside Drive

Edgewater, FL 32132

Notice of Recommendation October 20, 2026 https://us06web.zoom.us/j/81181660102?pwd=jI9Jn3pxPbK8c9ZSU3tMZp8uxN92GM.1 https://us06web.zoom.us/j/81181660102?pwd=jI9Jn3pxPbK8c9ZSU3tMZp8uxN92GM.1 mailto:81181660102@zoomcrc.com https://us06web.zoom.us/meetings/81181660102/invitations?signature=r4iJ9UlnhZ51rrvwvQco6pnnHdQNpN9s7mNRllaLci4 https://us06web.zoom.us/meetings/81181660102/invitations?signature=r4iJ9UlnhZ51rrvwvQco6pnnHdQNpN9s7mNRllaLci4 https://us06web.zoom.us/meetings/81181660102/invitations?signature=r4iJ9UlnhZ51rrvwvQco6pnnHdQNpN9s7mNRllaLci4

Contractor Selection Date/Council Meeting: November 9, 2026

3. Instruction for Qualifications

3.1. Delivery of Proposals

All Request for Qualifications are to be delivered before 10:00 am, local time, on or before Tuesday, September 29, 2026 via the City’s e-Procurement Portal.

RFQ's received after the designated time will not be allowed on the City's eProcurement Portal. For further information, please e-mail the Purchasing Specialist at purchasing@cityofedgewater.org.

There is no expressed or implied obligation for the City of Edgewater to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.

3.2. Inquiries

All questions related to this RFQ shall be submitted in writing through the Question/Answer Tab via the

City's e-Procurement Portal, on or before, Tuesday, September 15, 2026 by 3:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

Proposers must clearly understand that the only official answer or position of the City shall be the one stated in writing, posted in the City's e-Procurement Portal. All questions submitted and answers provided shall be electronically distributed to proposers following this solicitation on the City's e-

Procurement Portal.

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

3.3. Method of Source Selection

The City is using the Competitive Sealed Qualifications methodology of source selection for this procurement, as authorized by Resolution 2025-R-08 establishing and adopting the City Purchasing

Policy. Each proposal will be reviewed to determine if the proposal is responsive to the RFQ.

Qualifications deemed to be non-responsive may be rejected without being evaluated by the Evaluation

Committee appointed by the city manager, which shall be comprised of a minimum of three (3) City employees. The committee will make a recommendation to the City Council who will make the final selection(s). A responsive proposal is one which has been signed and submitted by the specified

Qualifications deadline, and has provided the information required to be submitted with the

Qualification. While poor formatting, poor documentation and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of a Proposal. Respondents who fail to comply with the required and/or desired elements of this RFQ do so at their own risk.

The City may, as it deems necessary, conduct discussions with responsible proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements.

https://secure.procurenow.com/portal/edgewater https://secure.procurenow.com/portal/edgewater https://secure.procurenow.com/portal/edgewater https://secure.procurenow.com/portal/edgewater

3.4. Compliance with the RFQ

Proposals must be in strict compliance with this RFQ. Failure to comply with all provisions of the RFQ may result in disqualification.

3.5. Acknowledgment of Insurance Requirements

By signing the Insurance Requirements included in this RFQ, Proposer acknowledges these conditions include Insurance Requirements.

It should be noted by the Proposer that, in order to meet the City's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the Proposer’s insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer.

The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection.

Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the City may rescind its acceptance of the Proposer’s Bid.

The specific insurance requirements for this solicitation are included as part of this solicitation.

3.6. Evaluation of Proposals (Procedure)

The City’s procedure for selecting is as follows:

A. The City Manager shall approve an Evaluation Committee to review all Proposals submitted in accordance with Statute. At a minimum there will be one member of the Finance Department as part of the evaluation committee. Plus there shall be a minimum of three members of the committee, but always an odd number.

B. Request for Qualifications issued.

C. Subsequent to the closing of Proposals, the Purchasing Specialist and Project Manager shall review the Proposals received and verify whether each Proposal appears to be minimally responsive to the requirements of the published RFQ. In instances where both the Purchasing

Specialist and Project Manager be appointed to the committee as voting members, such meetings shall be open to the public and the Purchasing Specialist shall endeavor to publicly post prior notice of such meeting in the lobby of the City Hall three (3) days in advance of all such meetings, but no less than (1) day in advance.

D. The committee members shall review each Proposal individually and score each Proposal based on the evaluation criteria stated herein.

E. Prior to the first meeting of the evaluation committee, the City Clerk will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the City Hall not less than three (3) working days prior to the meeting. The City

Clerk shall also post prior notice of all subsequent committee meetings and shall post such notices at least one (1) day in advance of all subsequent meetings.

F. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each Proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee.

The City reserves the right to withdraw this RFQ at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate.

Receipt of a Proposal by the City or a submission of a Proposal to the City offers no rights upon the Proposer nor obligates the City in any manner. Acceptance of the Proposal does not guarantee issuance of any other governmental approvals.

3.7. Ambiguity, Conflict, or Other Errors in the RFQ

If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFQ, Proposer shall immediately notify the Purchasing Specialist, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Specialist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFQ from the Finance Department.

The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFQ prior to submitting the Proposal or it shall be waived.

3.8. Proposal, Presentation, and Protest Costs

The City will not be liable in any way for any costs incurred by any proposer in the preparation of its

Proposal in response to this RFQ, nor for the presentation of its Proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.

3.9. Acceptance or Rejection of Proposals

The right is reserved by the City to waive any irregularities in any Proposal, to reject any or all Proposals, to re solicit for Proposals, if desired, and upon recommendation and justification by the City to accept the Proposal which in the judgment of the City is deemed the most advantageous for the public and the

City.

Any Proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the City contract, the City reserves the right to accept the Proposal of any other proposer or to re advertise using the same or revised documentation, at its sole discretion.

3.10. Prohibition Against Contingent Fees

Proposer must warrant that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the proposer to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Proposer any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.

3.11. Prohibition against considering social political or ideological interests in government contracting

Per Florida Statute 287.05701 - The awarding body may not give preference to a vendor based on the vendors social, political or ideological interests.

3.12. Requests for Clarification of Proposals

Requests by the Purchasing Specialist to a proposer(s) for clarification of Proposal(s) shall be in writing.

Proposer’s failure to respond to request for clarification may deem proposer to be non-responsive, and may be just cause to reject its Proposal.

3.13. Validity of Proposals

No Proposal can be withdrawn after it is filed unless the Proposer makes their request in writing to the

City prior to the time set for the closing of Proposals. All Proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.

4. Scope of Work

4.1. Eligibility

A Florida corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the Florida Department of

State. A foreign (out-of-state) corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the

Florida Department of State. A joint venture is required to provide evidence with its response that the joint venture, or at least one of the joint venture partners, is authorized to transact business in Florida and is in good standing with the Florida Department of State and provide the City with a copy of the joint venture Agreement. A joint venture is also required to provide with its response a Statement of

Authority indicating that the individual submitting the joint venture’s proposal has the legal authority to bind the joint venture.

4.2. General Description of Specifications

The City of Edgewater (hereinafter, “City”) is accepting Qualifications from interested, qualified firms to render professional Planning Consulting Services. It is anticipated that multiple firms will be awarded a

Continuing Services Agreement to provide services for an initial period of three (3) years. At the option of the City, this Agreement may be renewed for up to two (2) additional one (1) year terms.

Authorization for performance of services by the selected firm(s) shall be executed via written Task

Assignments issued by the City and executed by both parties. Approved hourly rate schedules shall be established upon execution of the master Continuing Services Agreement. For each individual project, the Consultant and the City shall negotiate a specific scope of work, deliverable schedule, and fee based on the established rates in accordance with Section 287.055, Florida Statutes (CCNA). The City makes no covenant or promise as to the minimum number of projects or total dollar value of work that may be assigned during the term of the Agreement.

The Continuing Services Agreement itself does not authorize the performance of work or commit the

City to place orders. Expiration or termination of the agreement shall have no effect on active Task

Assignments issued prior to the expiration date; obligations therein shall remain in full force and effect until project completion.

Scope of Services

The scope of services to be performed under this Agreement includes, but is not limited to:

• Economic Development Support: Collect and analyze demographic and market data to assist in establishing effective economic development incentives, encourage business retention/expansion, attract new employers, and support economic initiatives.

• Intergovernmental & Agency Coordination: Guide municipal projects, site plans, and development programs through local, regional, and state agency review processes.

• Public Service & Capacity Studies: Conduct research, fieldwork, surveys, and analysis necessary to evaluate public service delivery, infrastructure impacts, and municipal service capacity.

• Comprehensive Planning & EAR: Prepare, review, and update Comprehensive Plan elements, amendments, and Evaluation and Appraisal Reports (EAR) in accordance with Chapter 163, Part

II, Florida Statutes (Community Planning Act).

• Smart Growth & Growth Management: Provide professional planning services to implement

City Council goals regarding Smart Growth principles, annexation strategies, and sustainable development.

• Code Development & Overlay Districts: Draft land development regulations, design standards, zoning overlay districts, rural/environmental protection standards, and municipal code amendments.

• CRA Planning & Code Support: Provide professional planning assistance, draft ordinances, and develop design guidelines to advance the goals of the City’s Community Redevelopment Area

(CRA).

• Land Use & Zoning Compatibility: Evaluate boundary conflicts, compatibility issues, and transition zones between neighboring land uses and zoning classifications.

• Transportation & Grant Assistance: Perform transportation impact analyses, traffic concurrency reviews, and assist staff in preparing applications for transportation and planning grant opportunities.

• Large-Scale Development & Sector Plan Review: Review complex land use amendments, legacy

DRI modifications, sector plans, and large-scale development submittals pursuant to Chapter

163 and Section 380.06, Florida Statutes.

Day-to-Day Planning and Zoning Support

• Assisting the City with development and zoning application intake, completeness review, routing, comment tracking, scheduling, records organization, and other components of the development review process.

• Reviewing development applications for consistency with the City’s Land Development Code, Comprehensive Plan, applicable Florida Statutes, and other applicable regulations and adopted policies;

• Reviewing rezoning applications and supporting documentation for consistency with comprehensive plan amendments, variances, special exceptions, site plans, subdivisions, plats, annexations, development agreements, and other land development requests.

• Coordinating items scheduled for review by the City’s Technical Review Committee, including distributing materials, reviewing agency and departmental comments, communicating with applicants, tracking revisions, and assisting with the resolution of outstanding comments.

• Preparing professional planning analyses, development review comments, reports, ordinances, resolutions, agenda memoranda, presentations, public notices, and other supporting documents.

• Assisting applicants, property owners, residents, consultants, and members of the public with planning, zoning, land use, and development review questions.

• Attending and providing professional support at Technical Review Committee meetings, staff meetings, preapplication meetings, neighborhood meetings, workshops, advisory board meetings, City Council meetings, and other public meetings or hearings.

• Presenting planning recommendations, reports, and technical information to City boards, committees, the City Council, applicants, residents, and other interested parties.

• Coordinating with City departments, governmental agencies, utility providers, consultants, and other outside entities regarding development applications and planning matters.

• Providing on-site or remote planning personnel, as requested by the City, to supplement available City staff for routine operations, workload surges, staff vacancies, special projects, or other operational needs.

Technical Requirements & Work Deliverables

• Data Ownership & Format: All maps, spatial data (Esri GIS shapefiles/geodatabases), raw data, reports, and draft/final documents created under this contract shall remain the sole property of the City of Edgewater and must be delivered in editable electronic formats (Word, Excel, PDF, Esri-compatible GIS).

• Public Records: All work products must comply with Florida Public Records Law (F.S. Chapter

119) and ADA accessibility guidelines for online publishing where applicable.

• Frequency, Duration, Location, Staffing Level: Services may be requested on an intermittent, project-specific, part-time, recurring, or temporary supplemental staffing basis.

• Staffing and Availability: The City may request that personnel allocated to a Task Assignment be available during normal City business hours and attend evening meetings or hearings when necessary. Assignment of personnel shall be subject to approval by the City. Substitution of approved key personnel may require prior written authorization from the City.

The City of Edgewater currently maintains active contracts for these services. The successful proposer will hereinafter be referred to as the “Consultant”.

City Responsibilities

• The City shall provide a written Task Assignment defining the project objectives, desired deliverables, and required timelines for each assigned project.

5. Terms and Conditions

5.1. Term

It is anticipated the City will contract for Planning Consultant Services for an initial three-year period with two (2) one-year extension options. The City of Edgewater reserves the right to extend this agreement or enter into a competitive proposal process at the end of each term. Either party may terminate this agreement by giving thirty (30) days written notice except as noted in ”Terms and

Conditions – Termination”. of this document.

To maintain continuity of services while a subsequent competitive selection is completed, the Agency may temporarily continue the resulting agreement for a period not exceeding six (6) months, subject to the same terms and conditions, required approvals, availability of funds, and applicable law. The temporary continuation does not guarantee any minimum amount of work.

5.2. City's Right to Inspect

The City or its authorized Agent shall have the right to inspect the Contractor’s facilities/project site during and after each work assignment the Contractor is performing.

5.3. Licenses

The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.

All entities defined under Chapters 607, 608, 617 or 620, Florida Statutes, seeking to do business with the City shall be on file and in good standing with the State of Florida’s Department of State. Prior to making an offer, the Vendor shall have met the license, certification, and any other requirements of the state, county, city and/or other agency of authority with jurisdiction in such matters and should provide copies of documentation that evidence such qualifications with the response to the Solicitation; and, that the Vendor shall provide follow-up evidence that the Vendor maintains such credentials throughout the period of the agreement. A copy of a current certificate of authority from the Secretary of State authorizing the Bidder/Responder to do business in the State of Florida, or other evidence of legal authority to do business in the state, county, city and/or any other agency of authority should be provided with your response to the Solicitation. Information concerning certification with the Secretary of State may be obtained at Sunbiz.org. Contract documents shall be executed by the entity’s duly authorized officer as evidence by entity records.

Copies of the required licenses must be submitted with the Proposal response indicating that the entity proposing, as well as the team assigned to the City account, is properly licensed to perform the activities or work included in the contract documents. A Contractor, with an office within the City is also required to have a business tax receipt and certificate of use.

https://dos.fl.gov/sunbiz/

If you have questions regarding required professional licenses and Business Tax Receipt and Certificate of use, contact the Finance Department, (386) 424-2400.

5.4. Principals/Collusion

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

5.5. Taxes

The City is exempt from Federal Excise and State of Florida Sales Tax.

5.6. Relation of City

It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.

5.7. Term Contracts

If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice.

5.8. Termination

Should the Contractor be found to have failed to perform his services in a manner satisfactory to the

City, the City may terminate this Agreement immediately for cause; further the City may terminate this

Agreement for convenience with a thirty (30) days written notice. The City shall be sole judge of non performance.

5.9. Liability

The Contractor will not 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.

5.10. Assignment

The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City.

5.11. Lobbying

All firms are hereby placed on NOTICE that the City does not wish to be lobbied, either individually or collectively about a matter for which a firm has submitted a Proposal.

Firms and their agents are not to contact members of the City Council or any other City Staff other than the Purchasing Specialist for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from time of advertisement to final Council approval, no firm or their agent shall contact any other employee of the City in reference to this Proposal, with the exception of the Finance Director or their designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm.

5.12. Single Proposal

Each Proposer must submit, with their proposal, the required forms included in this RFQ. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFQ.

All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration.

5.13. Protest Procedures

Any appeal or protest to the Request for Proposal shall be governed by the City of Edgewater’s

Purchasing Policies and Procedures. NOTE: Protest Procedures are time sensitive and can be found via this link: https://www.cityofedgewater.org/DocumentCenter/View/852/Formal-Solicitation-Protest-

Procedures-Purchasing-Policy-Section-XVII

5.14. 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, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to:

submitting RFQ, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause.

5.15. Immigration Reform and Control Act

The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section

1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”).

Proposer acknowledges, and without exception or stipulation, any firm(s) 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 firm(s) 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.

https://www.cityofedgewater.org/DocumentCenter/View/852/Formal-Solicitation-Protest-Procedures-Purchasing-Policy-Section-XVII https://www.cityofedgewater.org/DocumentCenter/View/852/Formal-Solicitation-Protest-Procedures-Purchasing-Policy-Section-XVII

5.16. Equal Opportunity

The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises.

5.17. Other Agencies

All Proposer(s) awarded contracts from this proposal or proposal may, permit any municipality or other government agency to participate in the contract under the same prices, terms and conditions, if agreed to by both parties.

It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality or agency. Further, it is understood that each agency will issue its own purchase orders to the awarded proposer(s).

5.18. Conflict of Interest Disclosure

The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Firms must disclose within their proposal to the City of Edgewater the name of any officer, director, or agent who is also an employee of the City of Edgewater (hereinafter the “City”). Furthermore, all firms must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent

(5%) in the firm of any of its branches.

The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract.

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

Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation.

5.19. Drug-Free Workplace Provisions

In accordance with Florida Statue 287.087, firm certifies that:

1. Publish a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition.

2. Informs employees about the dangers of drug abuse in the work place, the firm’s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations.

3. Gives each employee engaged in providing commodities or contractual services that are under proposal, a copy of the statement specified above.

4. Notifies the employees that as a condition of working on the commodities or contractual and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter

1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt.

5. Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted.

6. Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program.

5.20. Public Entity Crimes Notification

Florida Statutes, Paragraph 287.133(2)(a), A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.

287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

5.21. Non-Collusive Affidavit

The firm and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached

Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the

City of Edgewater. The offer or submittal being made is genuine and is not collusive or a sham.

I certify that all information contained in the submittal is truthful to the best of my knowledge and belief. I further certify, under oath, that this submittal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. I certify that the offer quoted/proposed in the attached submission is fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the firm or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit.

5.22. Employment Eligibility Verification System (E-Verify) Acknowledgment

Firm acknowledges and agrees to utilize the U.S. Department of Homeland Security’s Employment

Eligibility Verification System (E-Verify) to do the following:

A. Enroll in the U.S. Department of Homeland Security’s E-Verify system; https://www.e-verify.gov/employers/enrolling-in-e-verify https://www.e-verify.gov/employers/enrolling-in-e-verify https://www.e-verify.gov/employers/enrolling-in-e-verify

B. Utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the Contract;

C. Utilize E-Verify to verify the employment eligibility of all employees assigned to the Contract;

and

D. Expressly require any subcontractors performing work or providing services pursuant to the

Contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.

5.23. Scrutinized Vendor Certification

1. Firm hereby certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City of Edgewater, that it:

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

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

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

5. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and

6. Has not engaged in business operations in Syria.

Submitting a false certification shall be deemed a material breach of contract. The City of Edgewater shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the

Contractor does not demonstrate that the City’s determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida

Statute § 287.135.

Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized

Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s.

215.473, or are engaged in business operations in Syria.

5.24. Debarment and Suspension Certification

The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:

a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

d. Have not within a three-year period preceding this application had one or more public transactions

(Federal, State or local) terminated for cause or default.

Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this submittal.

5.25. Public Act 2016-20 Public Records Requirements

All material submitted regarding this RFQ becomes the property of the City and shall be subject to inspection and copying in accordance with Chapter 119, Florida Statutes, and other applicable law. The

Professional Consultant should take special note of this as it relates to any proprietary information that might be included in its offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this RFQ and/or any resulting contract from same. Disqualification of a Professional

Consultant does not eliminate this right. This section is further subject to F.S. 119.01 and 119.0701 et.

seq.

RECORDS / AUDITS

The City of Edgewater is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall:

a. Keep and maintain public records required by the City in order to perform the service;

b. Upon request from the City’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 in this chapter or as otherwise provided by law.

c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City.

Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the

Contractor, or keep and maintain public records required by the City to perform the service. If the

Contractor transfers all public records to the City 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 the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City.

During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City Clerk. The

Contractor agrees to make available to the City Clerk, during normal business hours and in Volusia

County, all books of account, reports and records relating to this contract.

PUBLIC RECORDS CUSTODIAN

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

CITY CLERK’S OFFICE

CITY OF EDGEWATER

104 N. RIVERSIDE DRIVE

EDGEWATER, FL 32132

(386)424-2400 X 1102

CITYCLERK@CITYOFEDGEWATER.ORG

5.26. Purchase Order Number

The purchase order number and the seller’s name must be clearly shown on all invoices, packing slips, delivery receipts, and correspondence. Failure to clearly indicate this purchase order number may result in the return of invoices.

5.27. Acceptance

All terms and conditions of this purchase order shall become part of the contract between the City of

Edgewater and the vendor/seller; the vendor’s/seller’s different or additional terms will never become part of this contract. A copy of the City's Purchase Order Terms and Conditions is provided in the

Attachments of this RFQ.

5.28. Delivery, Title & Risk of Loss (if applicable)

Title shall pass to the City of Edgewater on delivery of the conforming goods to the designated location.

Notwithstanding any agreement to pay freight, express or other transportation charges, the risk of loss or damage in transit shall be upon the vendor/seller. Delivery shall not be complete until the goods and or services have been received, inspected, and accepted by the City of Edgewater.

Collect shipments will not be accepted in the event that the city agrees to pay the freight, all freight charges shall be fully prepaid and included on the invoice. The original bill must be included with the invoice.

5.29. Warranty (if applicable)

The vendor/seller warrants that the goods and/or services supplied hereunder will be of good workmanship and of proper materials, free from defects and in accordance with specifications. If the vendor/seller knows the city’s intended use, the vendor/seller warrants that the goods and/or services are suitable for the intended use.

5.30. Remedies

Regardless of whether goods are being sold, licensed or leased or whether services are being performed, the vendor/seller and the City of Edgewater agree that both parties have all the uniform commercial code rights, duties, and remedies available.

5.31. Conflict of Laws

This agreement to purchase and the performance of the parties hereunder shall be construed with and governed by the laws of the City of Edgewater and the State of Florida.

5.32. Modifications

No modification in price, delivery, method or schedule, quantity, quality, specifications or any other term of the contract will be effective unless agreed to in writing, andwriting and signed by an authorized purchasing agent.

5.33. Taxes

The City of Edgewater, Florida is exempt from the payment of all federal excise taxes and sales taxes of the State of Florida, and generally all other state governments.

State of Florida Sales Tax Exemption Number: 85-8013848356C7

Federal Employee Identification Number: 59-6000-314

5.34. Patents & Royalties

The vendor/seller, without exception, shall indemnify and save harmless the City of Edgewater and its employees from liability of any nature of kind, including costs and expenses for or on account of any copyrighted, patented or unpatented invention, process or article manufactured or sued in the performance of the contract, including its use by the City of…