Police_Investigation_Interview_Room_Cameras.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/southdaytona

City of South Daytona, FL

25-RFQ-006

POLICE INVESTIGATION INTERVIEW ROOM CAMERAS

RELEASE DATE: April 10, 2025

RESPONSE DEADLINE: April 20, 2025, 12:00 pm

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

Request For Quote #25-RFQ-006

Title: Police Investigation Interview Room Cameras

Table Of Contents

1. REQUEST FOR QUOTATION

2. STANDARD PURCHASE DEFINITIONS

3. GENERAL TERMS AND CONDITIONS

4. SCOPE OF WORK

5. PRICING PROPOSAL

6. VENDOR QUESTIONNAIRE

7. ATTACHMENTS

Attachments:

A - STANDARD_AGREEMENT_FOR_SERVICES

1. REQUEST FOR QUOTATION

CITY OF SOUTH DAYTONA

Police Investigation Interview Room Cameras

RFQ NO. 25-RFQ-006

Notice is hereby given that the City of South Daytona is requesting quotes for Quote NO. 25-RFQ-006, Police Investigation Interview Room Cameras. Quotes are to be submitted via the e-Procurement Portal at https://procurement.opengov.com/portal/southdaytona. Quotes will be accepted until 12:00 pm on Sunday, April 20, 2025, at which time quotes will be opened. Quotes received after the above time and date will be returned unopened. All Quotes will be evaluated to ensure they contain all required forms in order to deem the

Quoter responsive or non-responsive.

The purpose of this RFQ is to receive a quote for the installation of cameras in our Police Investigation

Interview Room.

Any addenda to these documents will be posted on the City of South Daytona's Portal

(https://procurement.opengov.com/portal/southdaytona). It is the quoter's responsibility to confirm that all addenda have been received prior to submitting a response to this request.

The City reserves the right to reject any or all quotes, and the award, if award is made, will be made based on the following evaluation factors and the quoter whose qualifications indicate the award will be in the best interest of the City and whose Offer complies with all the prescribed requirements.

Quotes shall be:

A. Submitted on standard forms which will be furnished with this solicitation;

B. Irrevocable after the time and date set for the opening of quotes and for a period of 90 days thereafter;

C. Respondents will submit quotes through the e-Procurement Portal at https://procurement.opengov.com/portal/southdaytona.

CITY OF SOUTH DAYTONA

By/s James L. Gillis, Jr.

City Manager https://procurement.opengov.com/portal/southdaytona

2. STANDARD PURCHASE DEFINITIONS

The City will use the following definitions in instructions to bidders, terms and conditions, special provisions, technical specifications and any other solicitation documents.

Addendum is a formal written document, released prior to the public opening that modifies any aspect of a

Solicitation. Plural: Addenda

Amendment is a formal written agreement, signed by both parties, that modifies an existing contractual agreement.

Appropriate, Appropriated, or Appropriation means the adoption by the City Council of the City of a budget for a fiscal year that includes payments to be made under the Contract during the respective fiscal year.

Best Value means the highest overall value to the City based on factors that include, but are not limited to, price, quality, design, and workmanship.

Bidder or Proposer is a person, firm, or entity that that submits a Response to a Solicitation. Any

Bidder/Proposer may be represented by an agent after submitting evidence demonstrating the agent’s authority.

The agent cannot certify as to his own agency status. (See also “Vendor”)

City means the City of South Daytona.

Competitive Negotiation means a method for acquiring goods, services, and construction for public use in which discussions or negotiations may be conducted with responsible offerors who submit Responses through a

Request for Quotes, Request for Statements of Qualifications, or Invitation to Negotiate.

Competitive (Formal) Solicitation is the process of requesting and receiving two or more sealed quotes, proposals, statements of qualifications or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement.

Competitive Range means the responsive submissions that meet the evaluation criteria and are considered to be reasonably susceptible of award.

Construction means the process of building, repairing, improving, and alterations, conversion or extension of building, parks, utilities, streets or other improvements or alterations to real property.

Contract is a written agreement or purchase order issued for the purchase of goods or services.

Contractor means the person, firm or entity selling goods or services to the City under a Contract.

Deliverables means the goods, products, materials, and/or services to be provided to the City by a Bidder.

Due Date means the date and time specified for receipt of Responses to a Solicitation.

End User is a person, program, agency, or other eligible user who uses a contract to purchase a commodity or contractual service.

Evaluation/ Selection Committee/Team is a temporary group of City personnel who are responsible for the evaluation of proposals, statements of qualifications or replies as part of a Request for Proposals (RFP), Request for Submission of Qualifications (RFSQ), or Invitation to Negotiate (ITN), Request for Quotes (RFQ) or competitive grant process.

Evaluator is a member of the evaluation committee/team.

Goods are supplies, materials, or equipment.

Intent to Award is a document that informs the public and respondents of the City’s decision to award a contract pursuant to a previously issued competitive solicitation.

Issues means points, matters, or concerns to be addressed during the negotiations.

Lead Negotiator is the negotiator responsible for leading and facilitating the formal negotiation discussions and selecting other required negotiation team members. Is often the “driver of change” and seeks alternatives/options.

Lowest Responsible Quote means the responsive Quote meeting all requirements of the specifications, terms, and conditions of the Request for Quote resulting in the lowest cost to the City in a total cost concept or based solely on price, taking into consideration the financial and practical ability of the Bidder to perform the

Contract, past performance of the Bidder, and compliance with all City ordinances concerning the purchasing process.

Lowest Responsible Bidder means the Bidder submitting Lowest Responsible Quote.

Negotiation Team is a temporary group of City personnel who are responsible for negotiations as part of an

Invitation to Negotiate (ITN).

Negotiator is a member of the negotiation team.

Non-Professional Services are services performed that are not of a professional nature such as lawn care, security, janitorial, etc.

Offer means a complete signed Response submitted to the City in response to a Solicitation including, but not limited to, a Bid submitted in response to an Invitation to Bid, a Proposal submitted in response to a Request for

Proposal, a Quote submitted in response to a Request for Quote, a Statement of Qualifications and interest submitted in response to a Request for Statements of Qualifications, or a Reply submitted in response to an

Invitation to Negotiate.

Outlier is a bid, offer, or proposal which is determined by the City to be significantly dissimilar to or inconsistent with, competing bids or offers.

Pre-Bid/Proposal/Statement/Reply Conference means a meeting conducted by the City, held in order to allow Vendors to ask questions about the proposed Contract and particularly the Contract specifications with the City department requesting the goods/services.

Price Analysis is an evaluation of the total cost of a contract in order to determine if the price is reasonable.

Procurement (Process) is a term used in the governmental sector for the combined functions of acquiring

(purchasing) needed goods and/or services, receiving and inspection, inventory management, contract administration, and disposal/surplus.

Professional Services means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.

Protest is a formalized process by which respondents have an opportunity to challenge a procurement practice or contract award.

Proposal is a complete, properly signed Response to a Request for Proposal, based on performance that is offered rather than on that of price alone, which if accepted, would bind the Vendor to perform the resultant

Contract.

Purchase Order is an order placed by the Purchasing Division for the purchase of Goods or Services written on the City’s standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The

Purchase Order is the Bidder’s authority to deliver and invoice the City for Goods or Services specified, and the

City’s commitment to accept the Goods or Services for an agreed upon price.

Request for Proposal (RFP) means a formal request to prospective vendors requesting qualifications of the vendor and pricing for a specified Good or Service which has been advertised.

Request for Statement of Qualifications (RFSQ) means a formal request to prospective vendors requesting statements of qualifications pursuant to Florida Statute 287.055 “Consultant’s Competitive Negotiation Act” which has been advertised for Statement in a newspaper.

Respondent means an entity that has (or will, i.e. “prospective respondents”) submitted a response to a competitive solicitation conducted to create a contractual relationship for the provision of commodities or services.

Response/Submission means all materials submitted to the City by a respondent as part of a solicitation. A response may be called a bid, proposal, statement of qualifications, or a reply, depending on the type of competitive solicitation being issued.

Responsible (Vendor) is a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive (Vendor) is a vendor that has submitted a bid, proposal, statement of qualifications, or reply that conforms in all material respects to the solicitation.

Scope means the extent of the area or subject matter that something deals with or to which it is relevant.

Scope of Work means a description of the work activities, deliverables, and/or timeline that a vendor must execute in terms of delivering specific commodities or in performance of contractual services.

Services include all work or labor performed for the City on an independent contractor basis other than construction.

Solicitation means a formal request, as applicable, for prospective vendors to submit responses to an Invitation to Bid, Request for Proposal, Request for Qualifications, Invitation to Negotiate, or a Request for Quote.

Solicitation Document means a document, or collection of documents, either paper or electronic, that contains all information required to conduct a competitive procurement project according to § 287.057, Florida Statutes.

Stakeholder means an individual, who is not likely to become a vendor, who has an interest in the commodities/contractual services needed.

Subcontractor means a person, firm or entity providing goods or services to a Vendor to be used in the performance of the Vendor’s obligations under the Contract.

Subject Matter Expert means a person who has working or expert knowledge about a particular topic or field.

Vendor is a person, firm, or entity that that provides commodities or services and submits a Response to a

Solicitation. Any Vendor may be represented by an agent after submitting evidence demonstrating the agent’s authority. The agent cannot certify as to his own agency status. (Also called “Bidder” or “Proposer”.)

3. GENERAL TERMS AND CONDITIONS

These instructions are standard for all contracts for commodities or services issued through the City of South

Daytona. General Requirements apply to all advertised Solicitations; however, these may be superseded, in whole or in part, by the SPECIAL REQUIREMENTS /INSTRUCTIONS OR OTHER DATA CONTAINED

HEREIN.

READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE

RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU

UNDERSTAND THEM.

ACCEPTANCE BY CITY

The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services tendered by vendor. The City at its option may reject all or any portion of such goods or services which do not, in City’s sole discretion, comply in every respect with all terms and conditions of the contract. The City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services. The material delivered as a result of this solicitation shall remain the property of the seller until a physical inspection and actual usage of the item(s) is made and thereafter deemed acceptable to the satisfaction of the City, in compliance with the terms and specifications contained herein. In the event that the item(s) supplied to the City is/are found to be defective, or does/do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return the item(s) to the seller at the seller’s expense.

ADDENDUM

When specifications are revised, the City will issue an addendum addressing the nature of the change. Vendors should acknowledge all addenda by listing the addenda received on the “Vendor Acknowledgment Form” and include it in the returned Response package. Failure to acknowledge the correct number of addenda issued may result in rejection of the Response. It is the responsibility of the Vendor to ensure all addenda have been received prior to submitting an offer. All Addenda shall be posted by the City on www.southdaytona.org.

The City shall issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Solicitation Response Due Date. Vendors should not rely on any representations, statements or explanations other than those made in this Solicitation or in any addendum to the

Solicitation. Where there appears to be a conflict between the Solicitation and any addenda issued, the last addendum issued shall prevail.

ADDITIONAL GOODS

Products, Materials and Goods not specifically identified in this Request for Quote ("RFQ") may be added to any resultant contract upon mutual consent of the contracting parties. The City reserves the right to add or delete products or materials of similar nature, within the family of products of “RFQ Item(s)” and their commodity codes, to those items requested in this bid.

AMERICANS WITH DISABILITIES ACT (ADA)

https://www.southdaytona.org/

If you need special services provided for under the Americans with Disabilities Act, contact the Deputy City

Clerk at 386‐322-3011 at least 48 hours before the scheduled event.

ANTI-COLLUSION STATEMENT

By submitting this Response to a Formal Solicitation, the Vendor affirms that this Response is without previous understanding, agreement, or connection with any person, business, or corporation submitting a Response for the same materials, supplies, or equipment, and that this Response is in all respects fair, and without collusion or fraud. Additionally, Vendor agrees to abide by all conditions of this Solicitation and certifies that they are authorized to sign this Response for the Vendor. In submitting a Response to the City of South Daytona, the

Vendor offers and agrees that if the Response is accepted, the Vendor shall convey, sell, assign or transfer to the

City of South Daytona all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of South Daytona. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Vendor.

APPLICABLE LAWS

In connection with the furnishing of supplies or performance of work under the Contract, the Vendor agrees to comply with the Fair Labor Standards Act, Equal Opportunity Employment Act, and all other applicable federal and state laws, regulations and executive orders to the extent that the same may be applicable.

ASSIGNMENT

The successful Vendor shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City of South Daytona. Any such assignment or transfer shall not release Vendor from all contractual obligations. If the Vendor requires the services of any subcontractor or professional associate in connection with the work to be performed, the Vendor must obtain the written approval of the City prior to engaging such subcontractor or professional associate. The Vendor will remain fully responsible for the services of any subcontractors or professional associates.

AUTHORITY TO CONDUCT BUSINESS IN FLORIDA

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. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request of the City.

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. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request.

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. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request. However, the joint venture is required to provide evidence prior to contract execution that the joint venture is authorized to transact business in Florida 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. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request of the City.

AWARDS

Results from the evaluation committee will be considered by the City of South Daytona City Council at the earliest possible regular meeting subsequent to the evaluation process. This RFQ is issued in accordance with and shall be governed by the provisions of the City’s Purchasing Policy.

The City of South Daytona City Council reserves the right to make award(s) by individual sections, groups, all or none, or a combination thereof, with one or more Vendors; to reject any and all proposals, or to waive any informality or technicality in proposals received as deemed to be in the best interest of the City.

The City does not award publicly funded contracts to those who knowingly employ unauthorized alien workers in violation of section 274A(e) of the Immigration and Naturalization Act, 8 United States Code s1324a(e).

Such employment deprives legal workers of job opportunities. Violation of section 274A(e) shall be grounds for unilateral cancellation of the contract, Contract, proposal or quote for purchase of services and goods by the

City of South Daytona.

AWARD AND EXECUTION OF CONTRACT

When a quote received has been determined to be satisfactory, a Contract will be awarded, or Purchase Order issued to the lowest responsible Proposer within the time designated in the Contract Documents.

The Proposer(s) to whom the award is made shall execute the Contract(s) and return it, with insurance certificates to the office of the City, within the time specified.

QUOTE RETURNS

Vendors shall return all completed Responses to the City of South Daytona at the address set forth in the RFQ on the date and at the time specified. Late submissions will not be accepted and shall be returned to Vendors unopened.

QUOTE/PROPOSAL TABULATION

Vendors who wish to receive a copy of the quote/proposal tabulation may obtain it by contacting the Deputy

City Clerk at 386-322-3011.

CERTIFICATE OF INSURANCE

If required upon notice of intent to award contract resulting from this solicitation, the selected Vendor will be required to submit a Certificate of Insurance showing proof of adequate coverage for professional general liability, errors and omissions and workers’ compensation as identified under the insurance requirements of this solicitation and listing the City of South Daytona as a Certificate Holder prior to execution of the contract. (For details, see Insurance Requirements)

CLEAN UP

Upon completion of the delivery of materials, the Contractor shall restore any/all public and private property which was damaged during delivery. Restoration is meant to include removal of any spillage or restoring damage to the edge of pavement, sidewalks, driveways, landscaped areas, etc. Contractor shall make repairs consistent with or better than what existed prior to delivery. This shall be understood to include the use of sod or seed and mulch to replace (if necessary) existing grass that has been damaged.

If sod is used it shall match the sod present on the affected property. Contractor shall make all repairs and restorations at his expense.

COMPLIANCE/CONSISTENCY WITH SCRUTINIZED COMPANIES PROVISIONS OF FLORIDA

STATUTES

Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section

215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services over one million dollars ($1,000,000) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria. Vendor hereby certifies that Contractor is not listed on any of the following: (i) the Scrutinized Companies that Boycott Israel List, (ii) Scrutinized

Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List. Vendor further hereby certifies that Vendor is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. Vendor understands that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject Vendor to civil penalties, attorney’s fees, and/or costs. Vendor further understands that any contract with City for goods or services of any amount may be terminated at the option of City if Vendor (i) is found to have submitted a false certification, (ii) has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the contract is one million dollars ($1,000,000) or more, the contract may be terminated at the option of City if the Vendor is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.

CONDUCT OF VENDORS

All Vendors or individuals acting on behalf of a Vendor are hereby prohibited from lobbying or otherwise attempting to persuade or influence any member of the Selection Committee, City Council members, or City staff at any time during the course of the solicitation process. The solicitation process shall end upon issuance of the written City Manager and staff recommendation for selection of a Vendor. All Vendors or individuals acting on behalf of a Vendor are further prohibited from contacting or otherwise attempting to communicate with any member of the staff, Evaluation Committee or City Council members regarding the pending solicitation or its outcome until after the issuance of the written recommendation of the most qualified Vendor. Until such recommendation is issued in writing, any questions regarding the pending solicitation shall be submitted to the

Bid Coordinator. Failure to comply with this procedure shall result in rejection/disqualification of said submittal without exception. Contact with staff, City Council members and the Evaluation Committee during a public meeting shall not be considered a violation of this requirement.

CONFLICT OF INTEREST

For purposes of determining any possible conflict of interest, all Vendors must disclose if any City of South

Daytona employee is also an owner, corporate officer, or employee of Vendor’s business. No official or employee of the City who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Scope of Work covered by the Contract shall voluntarily acquire any personal interest, directly or indirectly, in the contract or proposed Contract.

CONFLICT OF INSTRUCTIONS

If a conflict exists between the General Terms and Conditions and instructions contained herein, and the Special

Terms and Conditions and instructions contained herein, the Special Terms and Conditions shall govern.

CONTRACT

Any acquisition above the $25,000 level shall be done through one of the formal competitive methods except upon City Council waiver and/or shall have City Council approval. Only the City Manager has the authority to obligate the City by entering into a written contract to purchase goods and/or services up to $25,000.00. The

City of South Daytona, Florida reserves the right to reject any and all Responses or to waive any and all non-substantial irregularity in Responses received, whenever such waiver or rejection is in the best interest of the

City.

CONTRACT OBLIGATION

The City of South Daytona City Council shall approve the contract if greater than $25,000 annually. The Mayor or other person authorized by the Council must sign the contract before it becomes binding on the City of South

Daytona or the Vendor. Department heads are NOT authorized to sign contracts for the City of South Daytona.

Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted.

CONTRACT RENEWALS

Renewals may be made ONLY by written agreement between the City of South Daytona and the Vendor. Any price escalations are limited to those stated by the Vendor on the original Response.

COPYRIGHT AND PATENT RIGHTS

Vendor warrants that there has been no violation of copyrights or patent rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Response, and successful Vendor agrees to hold the City harmless from any and all liability, loss or expense by any such violation.

COST INCURRED BY VENDOR

All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Vendor. No payment shall be made for any response received, nor for any other effort required of or made by the Vendor prior to commencement of work as defined by the contract approved by the City Council.

DAMAGE

Any damage to driveways, irrigation systems, sidewalks, pavement, or landscaping will be evaluated by the

County’s representative and the Contractor. If the Contractor is found to be at fault, all repairs, restitution, or reimbursements to the City must be completed within one week of discovery.

DEBARMENT HISTORY

The City will consider a Vendor’s debarment history information in its review and determination of responsibility. All Vendors are required to disclose to the City all cases of debarment filed, pending, or resolved by the City or other public entity during the last five (5) years prior to the solicitation response due date, whether such actions were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. If the Vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly-formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. Although the review of a Vendor’s debarment history is an issue of responsibility, the failure to provide debarment history as required in the Proposal Submittal and Requirements Section may result in a recommendation of non-responsive by the City.

DEFAULT PROVISIONS

In the event of default by the Vendor, the City reserves the right to procure the item(s) quote from other sources and hold the Vendor responsible for excess costs incurred as a result. If a contractor defaults on a City contract the City Council may elect to refrain from doing business with the Vendor for a period of 36 months from the date of default.

DELIVERY OF GOODS/SERVICES

All materials are to be delivered F.O.B.; City of South Daytona designated facility.

Delivery dates pertaining to this invitation must be clearly stated in the quote form where required and include weekends and holidays. Failure to comply with this requirement may be a cause for disqualification of quote.

Unless otherwise specified, delivery at the earliest date is required. The Vendor shall clearly state in the

Response the time required for delivery upon receipt of contract or purchase order. Proposed delivery time must be specific and such phrases “as required,” “as soon as possible” or “prompt” may result in disqualification of the quote. Delivery time will be a factor for any orders placed as a result of this Response. The City reserves the right to cancel such order(s) or any part thereof, without obligation, if delivery is not made within the time(s) specified herein and hold the vendor in default.

Upon approval of a contract, the vendor is obligated to deliver the goods to the destination specified in the

Solicitation or the Purchase Order and bears the risk of loss until delivery. If this Solicitation or Purchase Order does not contain delivery instructions, Vendor shall request instructions in writing from the City. If the delivery instructions contained in the Solicitation allocate delivery costs and risks in a manner contrary to this section, the provisions of this Competitive Solicitation shall prevail.

When delivery is not met as provided for in the contract, the City reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the Vendor, in addition to any other damages, direct or consequential, incurred by the City as a result thereof. In addition, failure of the Vendor to meet the contract delivery dates will be cause for removal of the Vendor from the City’s list of eligible

Bidders/Proposers as determined by the City.

DETERMINATION OF LOWEST AND BEST RESPONSIBLE BIDDER/PROPOSER

In determining the lowest and best responsible Bidder/Proposer, in addition to price, there will be considered the following:

A. The ability, capacity and skill of the Bidder/Proposer to perform the contract.

B. Whether the Bidder/Proposer can perform the contract within the time specified, without delay or interference.

C. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder/Proposer.

D. The quality of performance of previous contracts.

E. The previous and existing compliance by the Bidder/Proposer with laws and ordinances relating to the contract.

F. The sufficiency of the financial resources and ability of the Bidder/Proposer to perform the contract or provide the service.

G. The quality, availability and adaptability of the supplies or contractual services to the particular use required.

H. The ability of the Bidder/Proposer to provide further maintenance and service for the use of the subject of the contract.

I. The number and scope of conditions attached to the quote.

J. Such other factors as appear to the City Council to be pertinent to the quote or the contract under all of the circumstances involved.

DISCLOSURE OF CONFLICTS

The award is subject to the provisions of Chapter 112.313, Florida Statutes. All Vendors must disclose with their Response the name of any officer, director, or agent who is also an employee of the City. Further, all

Vendors must disclose the name of any employee who owns, directly or indirectly, an interest in the Vendor’s firm or any of its branches. The Vendor shall not compensate, in any manner, directly or indirectly, any officer, agent, or employee of the City for any act or service that he/she may do, or perform for, or on behalf of any officer, agent or employee of the Vendor. No officer, agent, or employee of the City shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made by anyone for, or on behalf of the City. The Vendor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under the Solicitation.

EQUAL OPPORTUNITY CLAUSE

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

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

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

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

C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. The contractor will furnish all information and reports required by Executive Order 11246 of September

24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of

Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

F. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order

11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the

Secretary of Labor, or as otherwise provided by law.

G. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order

11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the

United States.

EVALUATION

Evaluation shall be used as a determinant as to which Response items or services are the most efficient and/or most economical for the City. It shall be based on all factors which have a bearing on price and performance of the items in the user environment. All Responses are subject to tabulation by the City of South Daytona and recommendation to the governing body. Compliance with all Solicitation requirements, delivery and needs of the using department are considerations in evaluating Responses. Pricing is NOT the only criteria for making a recommendation. The City of South Daytona reserves the right to contact any Bidder/Proposer, at any time, to clarify, verify or request information with regard to any Response.

EXCEPTIONS TO SPECIFICATIONS

For purposes of evaluation, the Vendor must indicate any exception to the specifications, terms, and/or conditions, no matter how minor. This includes any agreement or contract forms supplied by the Vendor that are required to be signed by the City. If exceptions are not stated by the Vendor, in his quote, it will be understood that the item(s)/services fully comply with the specifications, terms and/or conditions stated by the

City. Exceptions are to be listed by the Vendor on an attachment included with the quote. The City will not determine exceptions based on a review of any attached sales or manufacturer’s literature.

E-VERIFY

Vendors shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor during the term of contract and shall expressly require any subcontractor performing services pursuant to the contract to likewise utilize the U.S. Department of Homeland

Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of contract.

FACILITIES

The City reserves the right to inspect the Vendor’s facilities at any time.

FISCAL YEAR FUNDING APPROPRIATION

Specified Period: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor.

Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Vendor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable.

The City is obligated only to the extent that funds are included in the City’s fiscal year and/or capital budget.

Should the City not include funds for this expense the Agreement is null and void.

FINANCIAL STABILITY

Vendors shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. A third party prepared financial statement and the latest Dunn & Bradstreet report will be accepted in lieu thereof.

FORCE MAJEURE

Notwithstanding any provisions of this Solicitation Agreement to the contrary, the parties will not be held liable if failure or delay in the performance of this Solicitation/Agreement arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision does not apply if the

"Scope of Services" of this Solicitation / Agreement specifies that performance by Vendor is specifically required during the occurrence of any of the events herein mentioned.

GOVERNING FORMS

In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, the

City’s interpretation shall govern.

GOVERNING LAW

Vendors shall comply with all applicable federal, state and local laws and regulations. All Responses are solicited and shall be made pursuant to the Code of Ordinances, City of South Daytona, Chapter 2, Article VI, and all Responses will be evaluated in accordance with the provisions thereof. Code of Ordinances, City of

South Daytona is on file with the Deputy City Clerk, City Hall, 1672 S. Ridgewood Avenue, South Daytona, Florida and at www.municode.com.

The City of South Daytona is also governed by the Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes, as the method of selecting architects, engineers and land surveyors. The City has utilized the procedures in the Act for Professional counselors, environmentalists, planners, general contractors, computer systems, designers, telecommunications consultants, maintenance technicians, financial services and other professional services.

Every acquisition equal to or greater than $10,000 must have a signed, notarized "Public Entity Crimes Form” to comply with Section 287.133(3)(a), Florida Statutes. Also required is the “Drug- Free Preference Form” to comply with Section 287.087, Florida Statutes. Each form is included in the Solicitation.

HIPAA COMPLIANCE

The Vendor agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, referred to as “HIPAA,” to the extent that the Vendor uses, discloses or has access to protected health information as defined by HIPAA.

IDENTICAL TIE QUOTES

In accordance with Section 287.087, Florida Statutes, preference shall be given to businesses with Drug-Free

Workplace Programs. Whenever two or more Responses that are equal with respect to price, quality, and service are received for the procurement of commodities or contractual service, a Response received from a https://www.municode.com/ business that certifies that it has implemented a Drug-Free Workplace Program shall be given preference in the award process.

INDEMNIFICATION/HOLD HARMLESS

Contractor covenants and agrees that it will indemnify and hold harmless the City and all of the City's officers, agents, and employees from any claim, loss, damage, costs, charge or expense arising out of any act, action, neglect or omission by contractor during the performance of the contract, whether direct, or indirect, and whether to any person or property to which the City of said parties may be subject, except that neither the contractor nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of City or any of its officers, agents, or employees.

INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the City is contracting with the successful vendor as an independent contractor. The parties hereto understand and agree that the City shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful vendor under this contract and that the successful vendor has no authority to bind the City.

The Vendor represents itself to be an independent contractor offering such services to the general public and shall not represent himself or his employees to be an employee of the City. Therefore, the Vendor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, worker’s compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the

City, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney’s fees); and damage of any kind related to such matters. The Vendor shall further understand that the City cannot save and hold harmless and or indemnify the Vendor and/or the Vendor’s employees against any liability incurred or arising as a result of any activity of the Bidder/Proposer or any activity of the Vendor’s employees performed in connection with the Contract.

INSPECTIONS AND TESTING

City of South Daytona reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Vendor cannot furnish a sample of a

Response item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City can reject the Response as inadequate and non-responsive.

INSURANCE

If required upon execution of a contract, the Vendor shall maintain insurance during the life of this agreement, and the City of South Daytona shall be listed as additional insured on that insurance document. A waiver of subrogation must be added in all areas and shall suffice in lieu of additional insured on workers’ compensation, in an amount and a form set forth herein, to insure against risks, which are identified herein. Insurance providers must be rated “A” or better accordingly to the A.M. Best Company.

INSURANCE CANCELLATION

No change or cancellation in insurance shall be made without thirty (30) days’ written notice by the Vendor to the City. Insurance coverage required in these specifications shall be in force throughout the contract term.

Should any awardee fail to maintain or to provide acceptable evidence of current insurance within five (5) days after receipt of written notice at any time during the contract term, the City shall have the right to consider the

Contract breached which shall justify the termination thereof.

INSURANCE REQUIREMENTS

The Vendor shall provide to the City a certificate of insurance, if applicable, identifying the City of South

Daytona as an additional insured.

For workers’ compensation coverage, the Vendor’s insurance certificate shall include the insurer’s waiver of subrogation in lieu of naming the city as an additional insured for workers’ compensation.

Policies other than Workers’ Compensation shall be issued by insurers licensed and/or duly authorized under

Florida Law to do business in the State of Florida and all Insuring companies are required to have a minimum rating of “A” in the “Best Key Rating Guide” published by A.M. Best & Company, Inc. Policies for Workers’

Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.572. The Vendor shall not commence work under the contract until the City has received a certificate or certificates of insurance and endorsement evidencing the required insurance. The Vendor shall provide the City written notice of cancellation, nonrenewal or any other changes in coverage no later than ten (10) days prior to the effective date of the change.

The City reserves the right to increase insurance coverage as determined for higher risk contracts and shall reimburse the Contractor for the reasonable additional costs of increased coverage.

If the Bid Documents do not state an insurance requirement or the amount of insurance, then the amount of insurance required by this Agreement must not be less than:

A. Workers’ Compensation (unless exempt) with Employers’ Liability with a limit of $500,000 each accident, $500,000 each employee, $500,000 policy limit for disease;

B. Commercial General Liability (CGL) insurance with a limit of not less than $300,000 each occurrence.

If such CGL insurance…