PRCA-250045_Bid_Document.pdf

This page must be completed and uploaded to OpenGov.com with your Submittal.

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BID COVER

Procurement Division

(352) 334-5021(main)

Issue Date: 4/9/25

INVITATION TO NEGOTIATE: # PRCA-250045-WB

Recreation Management Software

PRE-PROPOSAL MEETING: ☐ Non-Mandatory ☒ Mandatory ☐ N/A ☐ Includes Site Visit DATE: April 15, 2025 TIME: 1:00pm local time LOCATION: Zoom meeting (Click Here)

QUESTION SUBMITTAL DUE DATE: April 22, 2025

All meetings and submittal deadlines are Eastern Time (ET).

DUE DATE FOR UPLOADING PROPOSAL: April 29, 2025 @ 3:00pm

SUMMARY OF SCOPE OF WORK:

Purchase of software to efficiently manage PRCA's data base for purchases and program participation

For questions relating to this solicitation, contact: Wendy Byrne, byrnewm@ciityofgainesville.org

Bidder is not in arrears to City upon any debt, fee, tax or contract: Bidder is NOT in arrears Bidder IS in arrears Bidder is not a defaulter, as surety or otherwise, upon any obligation to City: Bidder is NOT in default Bidder IS in default

Bidders who receive this bid from sources other than City of Gainesville Procurement Division or OpenGov.com MUST contact the Procurement Division prior to the due date to ensure any addenda are received in order to submit a responsible and responsive offer.

Uploading an incomplete document may deem the offer non-responsive, causing rejection.

ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as part of my offer: Addenda received (list all) #______________________________________

Legal Name of Bidder: ________________________________________________________________________

DBA: _______________________________________________________________________________________

Authorized Representative Name/Title: ____________________________________________________________

E-mail Address: _______________________________________ FEIN: ______________________________

Street Address: _______________________________________________________________________________

Mailing Address (if different): ___________________________________________________________________

Telephone: (______) _______________________ Fax: (______) _______________________

By signing this form, I acknowledge I have read and understand, and my firm complies with all General Conditions and requirements set forth herein; and, Proposal is in full compliance with the Specifications.

Proposal is in full compliance with the Specifications except as specifically stated and attached hereto.

SIGNATURE OF AUTHORIZED REPRESENTATIVE: ____________________________________________________

SIGNER’S PRINTED NAME: ____________________________________________ DATE: _______________________ https://us06web.zoom.us/j/6565085076?pwd=UzJuamRYbmhrQjVPTThpdWg4aTY3dz09&omn=83583617724

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PART 1 – INVITATION TO BID INFORMATION

Thank you for your interest in working with the City of Gainesville.

Pertinent information and required documents regarding this solicitation as part of a responsive offer are listed below:

BID COVER

PART 1 – INVITATION TO BID INFORMATION

PART 2 – INVITATION TO NEGOTIATE INFORMATION

PART 3 – MINIMUM QUALIFICATIONS .............................................................. ERROR! BOOKMARK NOT DEFINED.

PART 4 – SCOPE OF WORK

PART 5 – HOW TO SUBMIT A PROPOSAL

PART 6 – EVALUATION PROCESS

PART 7 – AWARD

PART 8 – GENERAL INFORMATION

PART 9 – SAMPLE CONTRACT

PART 10 – EXHIBITS

PART 11 – NO BID SURVEY

NOTE: The terms “bidder” and “proposer” are used interchangeably throughout this document.

1.1 INTRODUCTION

The City of Gainesville, Florida, Parks, Recreation and Cultural Affairs Department (PRCA) is soliciting proposals from qualified companies for a Recreation Management software solution which meets the needs of the department and is capable of expansion to meet further needs. This includes the design, installation, support, and maintenance of a solution that meets PRCA’s requirements as detailed in the bid document. Solutions shall be intuitive and easy to learn and use by both staff users and public users.

1.2 BACKGROUND

Gainesville is the largest city and also the county seat of Alachua County. It serves as the cultural, educational and commercial center for the north central Florida region.

The city provides a full range of municipal services, including police and fire protection; comprehensive land use planning and zoning services; code enforcement and neighborhood improvement; streets and drainage construction and maintenance; traffic engineering services; refuse and recycling services through a franchised operator; recreation and parks; cultural and nature services; and necessary administrative services to support these activities. Additionally, the city owns a regional transit system, a municipal airport, a 72-par championship golf course and a utility.

Gainesville is home to Florida's largest and oldest university, and is one of the State’s centers for education, medicine, cultural events and athletics. The University of Florida and UF Health Hospital at UF are the leading employers in Gainesville and provide jobs for many residents of surrounding counties. Known for its preservation of historic buildings and the beauty of its natural surroundings, Gainesville's numerous parks, museums and lakes provide entertainment to thousands of visitors. Because of its beautiful landscape and urban "forest," Gainesville is one of the most attractive cities in Florida.

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PART 2 – INVITATION TO NEGOTIATE INFORMATION

2.1 DISTRIBUTION OF INFORMATION

The City posts and distributes information pertaining to its procurement solicitations on OpenGov (http://www.opengov.com/). The City has transitioned from accepting hard (paper) copy submittals to accepting submittals through “E-Bidding”. In order to submit a bid reply to this solicitation the bidder must be registered with OpenGov.

It is the responsibility of the bidder to monitor OpenGov. Properly registered bidders can expect to receive automatic notification of solicitations for bids and proposals, by participating purchasing entities. Bidder failure to retrieve available, required procurement information from OpenGov and include the appropriate documentation and information in solicitation replies may result in disqualification.

2.2 PRE-PROPOSAL MEETING/QUESTIONS/CLARIFICATIONS AND BID OPENING

If scheduled (refer to Bid Cover Page), attending a pre-proposal meeting is strongly recommended as the project’s scope of work, procedures, and specifications will be discussed at this time. It is the only time during the bid process that bidders may ask questions directly of the end user.

NOTE: For a bidder’s attendance of a mandatory pre-proposal meeting to count, the bidder must sign-in before the Procurement Specialist calls the end of that meeting. If the bidder is not signed in by that time, they will be disqualified from bidding on the project. If the mandatory pre-proposal meeting also includes a required site visit, then bidder must sign in, both at the pre-proposal meeting, and again at the end of the site visit, in order to have their attendance count and not be disqualified from submitting a proposal.

NOTE: Failure to attend a mandatory pre-proposal meeting will result in disqualification of your proposal.

If special accommodations are needed in order to attend a pre-proposal meeting or a bid opening, please contact the Procurement Division at least 72 hours in advance.

All questions that occur outside of the pre-proposal meeting must be submitted to Procurement only, and must be received by the date indicated on the Bid Cover Page to be considered. Technical and/or specification questions will not be answered over the phone; they must be submitted by email directed to the Procurement Specialist conducting the solicitation (refer to Bid Cover Page). All questions will be answered via Addendum which will be posted on OpenGov.com for vendor access. All addenda must be acknowledged by the bidder on the Bid Cover Page.

***IMPORTANT NOTICE REGARDING PRE-PROPOSAL MEETING***

The scheduled meeting will occur via Zoom; the information to join is provided below. Attendance IS required. However, to join the meeting you must register.

Zoom Meeting Link:

AND

***IMPORTANT NOTICE REGARDING BID OPENING***

For all bid openings occurring after July 31, 2022, except construction, online viewings will no longer be held. Either the OpenGov Tabulation and/or the City’s Bid Record document, listing bidder names, will continue to be posted for interested parties.

http://www.opengov.com/

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All meetings and submittal deadlines are Eastern Time (ET).

2.3 ITN TIME TABLE

The anticipated schedule for the ITN and contract approval is as follows:

ITN available for distribution 4/7/25

Mandatory Pre-Proposal Meeting 4/15/25

Deadline for receipt of questions 4/22/25

Deadline for uploading of proposals 4/29/25 (3:00 p.m. local time)

Evaluation/Selection process Week of 5/5/25

Oral presentations, if conducted Week of 5/19/25

Projected award date 6/1/25

Projected contract start date TBD

All dates are subject to change. Bidders will be notified via Addendum in OpenGov.com in event of any schedule changes.

2.4 PROHIBITION OF LOBBYING

To ensure fair consideration, consistent and accurate dissemination of information for all bidders, the City prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement Division representative. Additionally, the City prohibits communication initiated by a bidder to any city official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between proposer and the City required to obtain information or clarification for preparing a bid or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement Division staff. Any communications initiated between the bidder and the City outside these parameters may be grounds for disqualifying the offending bidder from consideration for award of the proposal and/or any future proposal.

2.5 CONE OF SILENCE

During the Cone of Silence (formerly called Blackout period) as defined in the next paragraph, except as pursuant to an authorized appeal, no person may lobby (as defined in section 1.3) on behalf of a competing party in a particular procurement process, City officials or employees except the Procurement designated staff contact in the Procurement Division. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

The Cone of Silence is the period between the issue date of the ITN, which allows for immediate submittals to the City of Gainesville Procurement Division for the Invitation to Negotiate and the time the City Officials and Employee awards the contract.

2.6 DETERMINATION OF RESPONSIBILITY OF BIDDERS

The specific and/or minimum qualifications of bidders for this specific Invitation to Negotiate are included in Part 3. Bidder must also demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, as may be amended.

As a part of the proposal evaluation process, City reserves the right to conduct a background investigation of bidder, including a record check by the Gainesville Police Department if the qualifications require it. Bidder’s submission of a proposal constitutes acknowledgment of the process and consent to such investigation.

No contract will be awarded to any proposer who is in arrears to City upon any debt, fee, tax or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is otherwise determined to be not responsible by City pursuant to Section C.2.ii, Pro-01 Procurement Administrative Guidelines, following:

These criteria consider the bidder’s capability to perform:

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a) The ability of the bidder to successfully carry out a proposed contract.

b) Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.

c) Current litigation pending between the bidder and the City.

d) Bidder has paid all debts owed to the City.

e) Bidder possesses all required licenses.

If it is determined that the bidder is not responsible, City will notify bidder of its finding, including evidence used, and allow bidder the opportunity to come into compliance within three (3) business days of notification.

Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (if required by law).

2.7 RESPONSIVENESS OF PROPOSAL

Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the ITN.

A responsive proposal is one which follows the requirements of the ITN, includes all required documentation, is submitted in the format outlined in the ITN, is of timely submission (via upload to OpenGov.com), and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (see C.2.i. of the Pro-01 Procurement Administrative Guidelines).

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PART 4 – SCOPE OF WORK

4.1 GENERAL DESCRIPTION

The City of Gainesville (hereafter “City”) is requesting the submission of proposals for recreation management software.

4.2 SCOPE OF WORK

See Attachment A, “Invitation to Negotiate, PRCA-250045-WB, Recreation Management Software”.

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PART 5 – HOW TO SUBMIT A PROPOSAL

Instructions to bidders: Proposals must contain each of the documents listed below; each fully completed and signed, as required. Required signatures for proposal forms may be applied using electronic signature software (i.e., DocuSign, Adobe Sign, etc.). Proposals submitted which do not include the following items may be deemed non-responsive and may not be considered for contract award. The City reserves the right to request all other missing forms and additional information from any bidder prior to award.

5.1 STATEMENT OF QUALIFICATIONS FORMAT

• Project Understanding and Approach: Describe your understanding of the objectives and scope of the requested services and your general approach to such. Include a general time frame for being able to respond to City requests for specific project proposals.

• Proposed Project Staff: Identify the key personnel who will be directly assigned to this project. State the qualifications and related experience of each member of the proposed project team of engineers and surveyors. Provide a resume for each team member for the project.

• Qualifications of Firm: Provide pertinent information about the firm and related experience with similar projects. In addition, the firm should identify its total number of technical and professional personnel by discipline and training and further describe the total workload during the project period. Indicate what resources (professional and technical time) the firm would have available to allocate to the project.

5.2 CONTENT OF PROPOSAL

Required Documents:

The following documents are required to be included in the bidder’s submission:

a. ITN Cover Page

b. Provide a Statement of all Qualifications that will communicate the capabilities of the bidder to successfully complete the project

c. Pricing Proposal

d. Drug-Free Workplace Form

e. Bidder Verification Form

f. E-Verification Form

g. Prohibitions Regarding Foreign Countries of Concern Affidavit

h. References Form

i. Bidder’s W-9

j. Copy of any applicable, current licenses and/or certification required by City/County/State

k. Exceptions to the ITN (refer to Part 3, 3.7 Exception to the ITN)

5.3 PROPOSAL SUBMISSION INSTRUCTIONS

The bid reply, containing all required documents, with authorized signatures, must be received by 3:00 p.m. on the due date indicated on the Bid Cover Page for this project. The bidder’s complete pdf reply must be uploaded into OpenGov.com prior to the 3:00 p.m. deadline. This platform will not accept late submittals.

Upload bid reply as a pdf formatted document only, unless the solicitation states otherwise. The pdf document should be titled with bidder’s name, bid number, and, if the reply is submitted in parts, include “Part # of x”.

On occasion, the City will request proposals present pricing separately from the main proposal. If separate pricing is requested, upload a separate document that indicates Pricing as its content.

Modifications to or withdrawal of a bidder’s submittal can be made up to the deadline date. Modifications and withdrawals must be documented in OpenGov.com in order to be recognized by the City. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the City adequate time to award the Contract for the services specified in this solicitation.

Both the reply and the price proposal, if required to be submitted as a separate document, must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the bidder. An authorized representative

E-Bidding Document - ITN - Page 8 of 32 who is not an officer may sign the proposal, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.

The submittal of a reply by a bidder will be considered by the City as constituting an offer by the bidder to perform the required materials/services.

5.4 DISCLOSURE AND CONFIDENTIALITY

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

(i) Identifying Trade Secret or Otherwise Confidential and Exempt Information. For any records or portions thereof that bidder claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, bidder shall:

a. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted as outlined in items 1 and 2 on the following page.

Bidder shall take care to redact only the confidential and exempt information within a record.

b. Provide an affidavit or similar type of evidence that describes and supports the basis for Contractor’s claim that the information is confidential and exempt from public disclosure.

(ii) Request for Trade Secret or Otherwise Confidential and Exempt Information.

a. In the event City receives a public records request for a record with information labeled by bidder as Trade Secret or otherwise as confidential and exempt, City will provide the public record requester with the redacted copy of the record and will notify bidder of the public records request.

b. However and notwithstanding the above, in the event that City in its sole discretion finds no basis for bidder’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then City shall notify bidder in writing of such conclusion and provide bidder a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public Records Law. If bidder fails to file for declaratory action within the reasonable amount of time provided, then City will disclose the information requested.

c. If a public records lawsuit is filed against CITY requesting public disclosure of the information labeled by bidder as Trade Secret or otherwise as confidential and exempt, CITY shall notify bidder and bidder shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

d. Bidder hereby indemnifies and holds CITY, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with bidder’s claim that any information it provided to CITY is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public Records Law.

How to Designate Trade Secret or Otherwise Confidential and Exempt Information If a bidder believes that its reply contains trade secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the bidder must provide a redacted copy of the proposal for public access.

• Redacted means that the confidential/proprietary information in the proposal has been obscured so that it cannot be read.

• Unredacted means that the entire document, including the confidential/proprietary information, has not be obscured and is visible for the evaluation team to use in their evaluation process.

1. Upload a pdf version reply of the complete UNREDACTED proposal. Include “UNREDACTED, CONFIDENTIAL” in document title. This is the version that will be used by the evaluators when they are reviewing your proposal. It is essential that the items that will be redacted are highlighted in yellow to prevent the evaluation team from discussing these items after

E-Bidding Document - ITN - Page 9 of 32 the award. The first page of the document for the unredacted document should provide a general description of the information bidder has designated as confidential and/or exempt, and provide a reference to the appropriate Florida or Federal statute supporting the confidential and/or exempt classification.

2. Upload a pdf version reply of the REDACTED copy of the proposal. Include “REDACTED” in the document title. This copy will be used to support any public records requests that may arise from this solicitation.

How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information The City’s evaluators will be provided with the complete unredacted proposal, including any trade secret or otherwise confidential and exempt information. The City evaluators will maintain the confidentiality of the information through the evaluation process, including any recorded evaluation team meetings.

In the event a public record request is made to view the information which bidder claims is confidential and/or exempt, the City will notify the bidder and give the bidder a reasonable opportunity (generally 2 business days) to institute appropriate legal action to prevent the disclosure of the information claimed as confidential and/or exempt.

All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a bidder at the conclusion of the bidding process.

5.5 EXCEPTION TO THE ITN

Bidders may take exceptions to any of the terms of this ITN unless the ITN specifically states where exceptions may not be taken. Should a bidder take exception where none is permitted, the proposal will be rejected as non-responsive. All exceptions taken must be specific to allow the City a meaningful opportunity to evaluate and rank proposals.

Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions and the proposals will be evaluated based on the proposals as submitted. The City, after completing evaluations, may accept or reject the exceptions.

Where exceptions are rejected, the City may request that the bidder furnish the services or goods described herein, or negotiate an acceptable alternative.

5.6 ONLY ONE BID

Only one bid from any individual, firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any bidder has a financial interest in more than one submission under this bid, all bids in which such bidder has a financial interest will be rejected. A subcontractor is permitted to appear in more than one submittal for the same bid, as long as the subcontractor is not a lead bidder in any of the submittals. The City considers a financial interest to include, but not be limited, to joint ventures and, partnerships.

5.7 FULLY INFORMED BIDDER

A bidder is expected to fully inform itself as to the requirements of the Specifications and Contract terms and conditions; failure to do so will be at its own risk. A bidder shall not expect to secure relief on the plea of error.

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PART 6 – EVALUATION PROCESS

6.1 EVALUATION CRITERIA

a)Selection and Evaluation Criteria Proposals will be evaluated in accordance with the procedures described in the City's, Professional Services Evaluation Handbook.

The proposals will be evaluated using the following process: Qualifications Evaluation, Written Proposal Evaluation and/or Presentation/Interview Evaluation, and Other Factors as deemed appropriate. The City shall consider the ability of the firm’s professional personnel, willingness to meet time and budget requirements, workload, location, past performance, volume of previous work with the City, and location. The Evaluation process provides a structured means for consideration of all these areas.

b) Technical Qualifications Evaluation The Technical Qualifications Evaluation will assess each responding firm's ability based on experience and qualifications of key team members, the firm's capability of meeting time and budget requirements, and the firm's record with regard to this type of work, particularly in the City of Gainesville or in the State of Florida. This stage does not involve review and evaluation of a proposal addressing the project scope of work. Consideration will be given to the firm's current workload, financial stability, and the location where the majority of the technical work will be produced. The City will not be impressed with excessive amounts of boilerplate, excessive numbers of resumes, excessive length of resumes, excessive numbers of photographs, work that distant offices have performed, or work not involving personnel to be assigned to the proposed project.

c) Written Proposal Evaluation The Written Proposal Evaluation will assess the firm's understanding of the project and the proposed approach to be undertaken as addressed in a written proposal. The evaluation process will assess how effectively the requirements of the scope of services have been addressed. The written proposal should identify a project manager and other key members of the project/service team. It should relate the capabilities of the project/service team to the requirements of the scope of services.

d) Presentation/Interview Evaluation The Proposal Presentation/Interview Evaluation is based on an oral presentation that addresses both the technical qualifications of the firm and the approach to the project. Importance is given to the firm’s understanding of the project scope of work, the placement of emphasis on various work tasks, and the response to questions. The evaluation process will assess the project manager's capability and understanding of the project and his/her ability to communicate ideas. The role of key members of the project/service team should be established based on the scope of services and the firm's approach to the project/service. The role of any subcontracted firm in the proposal should be clearly identified. Unique experience and exceptional qualifications may be considered with emphasis on understanding of the project/service, particularly “why it is to be done” as well as “what is to be done”. The City of Gainesville will not be impressed with excessive boilerplate, excessive participation by “business development” personnel, and the use of “professional” presenters who will not be involved in the project or future presentations.

e) Other factors The Other Factors to be considered, based upon the specific project (but not limited to), are those items, such as Small or Service-Disabled Veteran Business and/or Local Preference. Fee proposals, when requested and deemed appropriate, are also to be considered in the evaluation process, where the request for such fees is in accordance with the City’s Procurement Policies and Procedures.

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PART 7 – AWARD

7.1 TIE BIDS

Whenever two or more bids which are equal with respect to price, quality and service are received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with Section 287.087, Florida Statutes; (2) Bidders located within the City of Gainesville, if not subject to the Local Preference Ordinance; (3) Bidders located within Alachua County; (4) Bidders located within the State of Florida; and (5) coin toss.

7.2 DRUG-FREE WORKPLACE

Preference shall be given to submitters providing a certification with their qualifications certifying they have a drug-free workplace whenever two or more bids which are equal with respect to price, quality, and service are received in accordance with Section 287.087, Florida Statutes. The attached form should be filled out and returned with the qualifications in order to qualify for this preference.

7.3 CONTRACT TERMS AND CONDITIONS

The City may award a contract on the basis of initial offers received, without discussions. A sample contract is attached to the bid. Therefore, each initial offer should contain the bidder’s best terms from a cost or price and technical standpoint and any changes to the sample contract.

The City reserves the right to enter into contract negotiations with the selected bidder regarding the terms and conditions of the contract and technical terms. If the City and the selected bidder cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected bidder. This process will continue until a contract has been executed or all bidders have been rejected. No bidder shall have any rights against the City arising from such negotiations.

7.4 CONTRACT AWARD

The award(s), if any, shall be made to the bidder(s) whose proposal(s) shall be deemed by the City to be in the best interest of the City. The decision of the City of whether to make the award(s) and which proposal is in the best interest of the City shall be final. Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (www.sunbiz.org) (if required by law).

7.5 CONTRACT

The Contract to be entered into will designate the successful bidder as the City’s Contractor. The terms and conditions in the Sample Contract, Part 9, shall be applicable and binding. The successful bidder will be required to execute an agreement with the City in substantially the same format as found in Part 9.

7.6 BID PROTEST

Participants in this solicitation may protest the ITN specifications or award in accordance with Section 41-680 of the Financial Services Procedures Manual.

7.7 ITN POSTPONEMENT/CANCELLATION/WAIVER OF IRREGULARITIES

The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this ITN;

postpone or cancel, at any time, this ITN process; or waive any irregularities in this ITN or in the proposals received as a result of this ITN.

http://www.sunbiz.org/ https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

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PART 8 – GENERAL INFORMATION

8.1 REIMBURSABLES

If travel is involved in the execution of an awarded contract for this solicitation, should any air travel be required the City’s travel policy allows for Coach air travel only. All other travel will be billed in accordance with the Federal General Services Administration rates which can be found at: https://www.gsa.gov/travel/plan-book/per-diem-rates. In addition, long distance phone calls, printing, and other administrative costs may be billed at cost only -no mark-up. Evidence of these expenditures will be submitted when invoicing the City.

8.2 LOCAL PREFERENCE

In bidding of, or letting contracts for procurement of, supplies, materials, equipment and services, as described in the purchasing policies, the city commission, or other purchasing authority, may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business' total bid price, and in any event the cost differential should not exceed $25,000.00. Total bid price shall include not only the base bid price but also all alterations to that base bid price resulting from alternates which were both part of the bid and actually purchased and awarded by the City Commission or other authority. In the case of requests for proposals, letter of interest, best evaluated bids, qualifications or other solicitations and competitive negotiation and selection in which objective factors are used to evaluate the replies. Local Businesses are assigned five (5) percent of the total points of the total evaluation points.

Local business means the vendor has a valid business tax receipt, issued by the City of Gainesville at least six months prior to bid or proposal opening date, to do business in said locality that authorizes the business to provide the goods, services, or construction to be purchased, and a physical business address located within the limits of said locality, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis. Post office boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In order to be eligible for local preference, in the Bid or ITN evaluation, the vendor must provide a copy of the business tax receipt and Zoning Compliance Permit. For more information on City’s Local Preference Policy: Municiple Code Article X Local Preference Policy.

8.3 SMALL AND SERVICE-DISABLED VETERAN BUSINESS PARTICIPATION

Small or Service-Disabled Veteran’s Business Enterprise Definition: A Small Business or a Service-Disabled Veteran’s Business, which is duly licensed and authorized to engage in business and maintains a permanent principal place of operation with full time personnel within Alachua, Bradford, Columbia, Gilchrist, Levy, Putnam, or Union County and possess a current City business tax receipt as required, and is so certified by the Small and Service-Disabled Veteran’s Business Program Coordinator.

It is the policy of the City of Gainesville that small and service-disabled veteran businesses as defined in the Small and Service- Disabled Veteran Business Program, have the maximum practical opportunity to participate in contracting opportunities provided by the City. In keeping with this policy, each bidder is asked to state whether it will utilize small and service-disabled veteran businesses that are eligible for assistance to perform work on the project(s) being advertised.

For bidders not yet certified by the City, a small and service-disabled veteran application may be accessed via the Diversity Business Management System website. To be considered as a certified small and/or service-disabled veteran business, a bidder must have a current certificate at the time of the solicitation submittal due date. For more information on certified small and service-disabled veteran businesses, please visit the Office of Equity and Inclusion website.

8.4 LIVING WAGE REQUIREMENTS

Living Wage requirements, Ordinance 020663, as amended in Ordinance 030168, and in Ordinance 180999, and as shown on the City’s web page, applies to contracts solicited by the City after midnight on March 31, 2021.

Section 2-619. – Living Wage Requirements.

(a) The following are requirements of each service contractor/subcontractor:

(1) A service contract or/subcontractor shall pay a living wage to each of its covered employees during the time they are providing the covered services.

(2) A copy of the living wage rate shall be posted by the service contractor/subcontractor in a prominent place where it can easily be seen by the covered employees and shall be supplied to any covered employee upon request.

(3) Each service contractor shall make all of its service subcontractors aware of the requirements of this division and shall include the contract provisions listed in the Sample Contract under the Living Wage paragraph in each of https://www.gsa.gov/travel/plan-book/per-diem-rates https://library.municode.com/fl/gainesville/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTXLOPRPO_S2-622LOPRPUCO https://cityofgainesville.diversitycompliance.com/ https://cityofgainesville.diversitycompliance.com/ https://www.gainesvillefl.gov/Government-Pages/Government/Office-of-Equity-and-Inclusion https://www.gainesvillefl.gov/files/assets/public/budget-amp-finance/documents/living-wage-ordinance-original-and-modified-oct-2022.pdf

E-Bidding Document - ITN - Page 13 of 32 its service subcontracts to ensure compliance with this article. The city shall not be deemed a necessary or indispensable party in any litigation between the service contractor and a subcontractor.

(4) A service contractor/subcontractor shall not discharge, reduce the compensation of, or otherwise retaliate against any covered employee for filing a complaint, participating in any proceedings or otherwise asserting the requirement to pay a living wage under this division. A covered employee who claims their employer has not paid them a living wage as required by this division may file a written com plaint with the city.

(5) Each service contractor/subcontractor shall produce payroll records, and any other requested documentation to the city as necessary for the city to audit or investigate compliance with or a reported violation of this division.

The City’s current adjusted Living Wage Rates (Wage with Health Benefits OR Wage without Health Benefits) are available here. The living wage for this contract will increase annually on the anniversary date of the contract at the City’s prevailing living wage rate, which is updated October 1 each year.

8.5 TAXES, CHARGES AND FEES

The bidder agrees that any applicable Federal, State and Local sales and use taxes, which are to be paid by City of Gainesville, are included in the stated bid prices. Since the City of Gainesville is often exempt from taxes for equipment, materials and services, it is the responsibility of the Contractor to determine whether sales taxes are applicable. The Contractor is liable for any applicable taxes which are not included in the stated bid prices.

8.6 COSTS INCURRED BY BIDDERS

All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith shall be borne by the bidder(s). No payment will be made for any replies received, nor for any other effort required of or made by the bidder(s) prior to commencement of work as defined by a contract approved by the City Commission (if so required).

8.7 RULES; REGULATIONS; LICENSING REQUIREMENT

The bidder shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Bidders are presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the services offered.

8.8 RECORDS/AUDIT

Contractor shall maintain records sufficient to document their completion of the scope of services established by this Contract.

These records shall be subject at all reasonable time to review, inspect, copy and audit by persons duly authorized by the City.

These records shall be kept for a minimum of three (3) years after completion of the Contract. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims.

8.9 DEBARMENT, SUSPENSION, OTHERWISE EXCLUDED

By submitting this proposal, bidder agrees that it:

• Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

• Has not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against it 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;

• Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission or any of the offenses enumerated in paragraph (2) of this certification; and

• Has not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

8.10 PUBLIC ENTITY CRIME INFORMATION STATEMENT

Section 287.133 (2)(a), Florida Statutes, contains the following provisions: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

E-Bidding Document - ITN - Page 14 of 32 services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity, in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

8.11 INVESTIGATION OF ALLEGED WRONGDOINGS, LITIGATION/

SETTLEMENTS/FINES/PENALTIES

The City Commission specifically requests that responders to this document indicate in writing any investigations of wrongdoings, litigation and/or settlements, and fines or penalties (anywhere in the U.S) involving the bidder and specific contractors listed as projected to provide services to the City. You may be required to respond to questions on this subject matter.

8.12 NON-DISCRIMINATION POLICY AND COMMERCIAL NON-DISCRIMINATION REQUIREMENT

As a condition of entering into this agreement, the company represents and warrants that it will comply with Title VI and Title VII of the Civil Rights Act of 1964 and all other federal, state or local laws prohibiting discrimination. The company shall not discriminate on the basis of race, color, religion, gender, national origin, marital status, sexual orientation, age, disability or gender identity, or other unlawful forms of discrimination in the solicitation, selection, hiring, commercial treatment of subcontractors, vendors, suppliers or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination.

The City reserves the right to investigate any claims of illegal discrimination by the Contractor and in the event a finding of discrimination is made and upon written notification thereof, the Contractor shall take all necessary steps to cure and rectify such action to the reasonable satisfaction of the City. The company understands and agrees that a violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in City contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

For more information on this policy and requirement, please visit the Office of Equity and Inclusion.

8.13 USE OF ITN REPLY IDEAS

The City has the right to use any or all information presented in any reply to the ITN, whether amended or not, except as prohibited by law. Selection or rejection of the submittal does not affect this right.

8.14 E-VERIFY REQUIREMENT

Section 448.095, Florida Statute states the statute shall be construed in a manner so as to be fully consistent with any applicable federal laws or regulations. The Contractor shall (1) utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract; and (2) shall expressly require any subcontractors performing work or providing 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 contract term. Alternatively, Contractor shall provide proof that one of the exceptions to the E-Verify federal contractor rule applies.

8.15 PROHIBITION REGARDING FOREIGN COUNTRIES OF CONCERN

Section 287.138(4)(a), F.S., and subsection (4)(a) states that beginning 1/1/24 a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into a contract with an entity which would give the entity access to an individual’s personal identifying information unless the entity provides an affidavit that it does not meet any of the criteria in par. (2)(a)-(c).

8.16 INTERNATIONAL PROPOSER REQUIREMENTS

The City is unable to send ACH payments to international banks. Therefore, ACH payments will only be made to U.S.A. banks.

Additionally, the international company must be from a country that has a tax treaty with the U.S.A. International proposers must agree to these requirements and provide proof of same should they receive an award recommendation.

8.17 PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

In accordance with Section 287.05701(2)(a), F.S. (2023), the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor, and may not give preference to a vendor based on the vendor's social, political, or ideological interests.

https://www.gainesvillefl.gov/Government-Pages/Government/Office-of-Equity-and-Inclusion

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8.18 INTENTIONALLY LEFT BLANK

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PART 9 – SAMPLE CONTRACT

THIS CONTRACT (“Contract”) is entered into and enforceable as of the last signature date affixed hereto (“Effective Date”) by and between the CITY OF GAINESVILLE, a Florida municipal corporation (“City”), and ______________________________________________, [corporate type and state registration status] (“Contractor”), individually referred to as “Party” or collectively as “Parties.”

WHEREAS, [clauses that briefly describe project and history of project (if applicable)].

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the Parties agree as follows:

1. TERM. The term of this Contract will begin on [the Effective Date OR another specific date] (“Term Begin Date”) and shall expire [number of days/months after Term Begin Date OR another specific date], unless earlier terminated pursuant to this Contract.