Purchase_of_Replacement_Duty_Weapons_and_Holsters.pdf

INVITATION TO BID

021-2021

PURCHASE OF REPLACEMENT DUTY WEAPONS AND HOLSTERS

City of Lake City

205 N. Marion Ave.

Lake City, FL 32055

RELEASE DATE: April 20, 2021

DEADLINE FOR QUESTIONS: May 6, 2021

RESPONSE DEADLINE: May 13, 2021, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Lake City

INVITATION TO BID

Purchase of Replacement Duty Weapons and Holsters

I. Introduction II. Instruction To Bidders

III. General Conditions for Weapons Purchase IV. Terms and Conditions V. Pricing Proposal

VI. Vendor Questionnaire

Invitation to Bid #021-2021 Title: Purchase of Replacement Duty Weapons and Holsters

1. INTRODUCTION

1.1. Summary

INVITATION TO BID

021-2021

Sealed bids will be accepted by the City of Lake City, Florida until Thursday, May 13, 2021 at 2:00 pm, local time through the City’s e-Procurement Portal, ProcureNow. Any bids received after the above time will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bids will not be accepted through any other means. Bid opening will be promptly at 2:15 pm in the City Council Chambers located on the 2nd floor in City Hall, at which time all bids will be publicly opened and read aloud for the purchase and installation of:

Purchase of Replacement Duty Weapons and Holsters

Any deviation from the specifications must be explained in detail under “Clarifications and Exceptions”, as part of the Bidder's Response, and each deviation must be itemized by number and must specifically refer to the applicable specification paragraph and page. Otherwise it will be considered that items offered are in strict compliance with these specifications and the successful Bidder will be held responsible for meeting the specification.

All questions related to this ITB shall be submitted in writing through the ProcureNow Question/Answer

Tab via the City's e-Procurement portal, on or before, Question & Answer Submission Date by Question

& Answer Submission Time. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

All questions must be in writing and directed to the Procurement Director. All questions will be answered in writing. Any answers which may alter the scope of work will be answered in the form of addenda. Any and all addenda must be acknowledged through the City's e-Procurement Portal. Deadline for receiving questions is Thursday, May 6, 2021 at 4:00 pm. Questions received after this date and time will not be considered.

Bidder may not withdraw his/her bid for a period of sixty (60) days following the opening of the responses.

The City of Lake City is exempt from State Use Tax, State Retail Tax and Federal Excise Tax. The bid price must be net, exclusive of taxes. Bidder’s proposal must be dated, signed by authorized representative, title, firm name, address, and telephone number.

Local Vendor Preference: City of Lake City Administrative Policy #18 states that the bid of a resident of

Columbia County, Florida will have a 5% preference over the bid submitted by any non-resident of

Columbia County. A resident is defined as an individual whose primary residence is within Columbia

County, Florida, a partnership whose principals are all residents of Columbia County, Florida, partnership or other business entity whose principal place of business is within Columbia County, Florida, or which maintains a full time business office open to the public within Columbia County, Florida. With these and http://secure.procurenow.com/lcfla other contributing factors the City Council reserves the right to award a bid or contract in the best interest of the City.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and city holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement

Department or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

Any Bidder desirous of protesting a bid for any reason must file a written notice of bid protest with the

City Manager’s office within 72 hours following posting of notice of intended award. All protest will be in writing stating the bid being protested and the specific reason of the protest. All protest will be signed by the Protestor and include all detail for a complete and thorough review. The decision of the City

Manager, after consultation with the City Attorney will be issued within five (5) working days of the receipt of the protest, unless additional time is agreed upon by all parties involved should circumstance warrant such a delay.

By submission of his/her bid, the Bidder certifies that:

A. The bid has been arrived at by the Bidder independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment described in the Invitation to Bid.

B. The contents of the bid have not been communicated by the Bidder, his/her employees or agents, to his/her best knowledge and belief, to any person not an employee or agent of the

Bidder or his surety in any bond furnished herewith and will not be communicated to any such person prior to the official opening of the bids.

The City of Lake City reserves the right to accept or reject any/all bids and to award the contract in the best interest of the City of Lake City, Florida.

CITY OF LAKE CITY, FLORIDA

Joseph Helfenberger

City Manager

1.2. Background

The City has been issued a grant from the Florida Department of Justice. This grant is to replace current duty weapons with new ones. We currently have fifty-three (53) Smith and Wesson M & P M2.0 Core

9mm 4.25" 17 round Black 3 Magazine and thirteen (13) Smith & Wesson M & P M2.0 9mm 3.6" 15

Round, Black, 3 Magazines. These will be included as a trade in towards the cost of the new replacement weapons. Also included in the trade ins will be three (3) Glock 27 40SW 10 Round Black , 3 Magazines.

1.3. Contact Information

Karen Nelmes

Procurement Director

205 N. Marion Ave

Lake City, FL 32055

Email: nelmesk@lcfla.com

Phone: (386) 719-5818

Department:

Procurement

1.4. Timeline

Release Project Date

April 20, 2021

Question Submission Deadline

May 6, 2021, 4:00pm

Proposal Submission Deadline

May 13, 2021, 2:00pm mailto:nelmesk@lcfla.com tel:(386)719-5818

2. INSTRUCTION TO BIDDERS

2.1. Overview

The City of Lake City is accepting bids for Purchase of Replacement Duty Weapons.

Bidders shall create a FREE account with ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic response.

2.2. Submittal Deadline

Bids shall be submitted via the City's e-Procurement Portal, ProcureNow, no later than Thursday, May

13, 2021 at 2:00 pm. Late proposals shall not be accepted.

Bids must be submitted via the City's e-Procurement Portal, ProcureNow and may not be delivered orally, by facsimile transmission, or by other telecommunication or electronic means.

2.3. Pre-Bid Meeting

There will be no pre-bid meeting associated with this project.

2.4. Questions

All questions related to this ITB shall be submitted in writing via the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, NO VALUE by 4:00 pm. All questions submitted and answers provided shall be electronically distributed via email to bidders following this solicitation on the

City's e-Procurement Portal.

2.5. Addenda

Addenda notifications will be emailed to all persons on record as following this ITB.

https://secure.procurenow.com/signup http://secure.procurenow.com/lcfla http://secure.procurenow.com/portal/lcfla

3. GENERAL CONDITIONS FOR WEAPONS PURCHASE

3.1. General

The Purpose of this Invitation to Bid is to obtain firm fixed pricing on replacement duty weapons and holsters as listed in the pricing table for the City of Lake City Police Department. The bid shall be submitted on the items specified with NO SUBSTITUTIONS. Quantities are firm.

3.2. Quality Assurance Provisions

A. TEST AND INSPECTION. It shall be the Awardee's responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The City of

Lake City reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification.

B. QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to insure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately to the Director of Purchasing.

3.3. Awardee Liability

A. WARRANTY. It shall be the Awardee’s responsibility to submit at the time of shipment the original manufacturer’s warranty for the materials supplied. Bidders shall submit, in writing, a detailed explanation of the procedure(s) that they will follow to accomplish the replacement, with their bid. Replacement shall be finalized within 10 working days of reporting the defect.

B. NEXT LOW BIDDER. In the event of default by the Awardee, the City of Lake City reserves the right to utilize the next lowest Bidder as the new Awardee. In the event of this occurrence, the next lowest Bidder, if it wishes the award, shall be required to provide the bid items at the prices as contained on its proposal or bid for this specification.

3.4. Conditions

A. AUTHORIZATION. The order shall be placed via City of Lake City Purchase Order. OFFICIAL

AWARD WILL BE MADE BY CITY OF LAKE CITY PURCHASE ORDER ONLY.

B. DELIVERY. Materials ordered shall be delivered within 120 to 180 days ARO (After Receipt of

Order). Failure to do same shall be considered breach of award or default, and the City of Lake

City shall utilize its options as stated within this specification.

C. QUALITY. The materials to be furnished shall be currently in production and shall be of the manufacturer’s standard or better quality.

D. QUANTITIES. The City shall purchase the quantities listed in the Pricing table.

E. ALTERNATE BIDS. Substitute products will not be considered. Bidders shall submit only one bid for the specified product.

F. PENALTIES. The City of Lake City reserves the right to increase or decrease quantities shown without penalty.

G. ADDITION/DELETION. The City of Lake City reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City of Lake City.

H. PACKAGING. Only brand new items that are packaged in the original factory fresh packaging shall be accepted. No materials that have been re-packaged or that are in adulterated or damaged packages shall be accepted at the receiving location, nor shall after-market materials be accepted at the receiving location. Any attempt by the Awardee to furnish the City of Lake

City with other than first quality materials shall constitute default as outlined in this specification.

I. SUBSTITUTION. The Awardee shall not substitute items for like items without the approval of the City. Any violation of such procedures may result in a possible award cancellation.

3.5. Bid Prices

Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee to amend said bid prices shall constitute default as outlined in this specification.

Prices quoted in the Proposal and Bid Response form shall include all shipping costs, shipped F.O.B. Lake

City, Florida or to the facility location specified by the requestor or the purchase order.

All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee and shall be deemed to have been included in the bid. The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee and shall be deemed to have been included in the bid. The City is exempt from all state and federal sales, use, transportation and excise taxes.

Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Awardee is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Awardee shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Awardee, the City and any indemnified party. This provision shall survive the termination of this award and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law.

3.6. Bid Evaluation

The evaluation of bids and the determination as to equality of material(s)/service(s) offered shall be the responsibility of the City of Lake City and will be based on information furnished by the Bidder.

3.7. Basis of Award

The City of Lake City reserves the right to award this bid by division or aggregate total. To be considered lowest responsive, responsible Bidder by aggregate, the Bidder shall have to bid on all items within the group. If award by aggregate total is not feasible, division award will prevail.

Award Criteria/Responsibility. The award will be made to the lowest responsive, responsible Bidder. To determine the responsibility of the monetary Bidder, the City may request and review documentation relative to the ability of the Bidder to satisfactorily perform the work specified in a first class manner as well as documentation of its experience; the financial condition of the Bidder from a current financial report and the Bidder's credit rating; whether the Bidder has ever been declared in default of an award;

the Bidder's insurability, eligibility for bonding; and any/all pertinent information deemed necessary to determine said responsibility.

Prior to award resulting from this solicitation, the successful bidder shall be registered to transact business in the State of Florida, and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the bid.

Any Bidder who is owing to the City of Lake City upon any debt, contract, or other obligation to the

City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation.

An award will be made, if at all, within 90 days after opening of the bids.

3.8. Cone of Silence

All solicitations, once advertised and until the appropriate authority has approved and award recommendation, are under the "cone of Silence". Respondents or persons action on their behalf may not contact any employee or officer of the executive or legislative branch concerning any aspect of the solicitation, except in writing to the Procurement Department or as provided in the solicitation document. Violation of this provision may be grounds for rejecting a response.

3.9. Award of Purchase

This bid is for a one time purchase of the items listed herein. Once Council has approved the recommendation a Purchase Order will be issued to the lowest responsible bidder.

3.10. Performance

The Awardee may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary services.

3.11. Proof of Distributorship

When requested, it shall be the responsibility of the Bidder(s) to furnish with their bid(s) a letter stating that said Bidder is a factory authorized distributor for the North Florida area for the items for which said

Bidder has submitted their bid.

3.12. Cancellation

When deemed to be in the best interest of the City of Lake City, any awards or contracts resulting from this specification may be cancelled by the following means:

A. 10 day written notice with cause; or

B. 30 day written notice without cause.

3.13. Rejection

The City of Lake City reserves the right to cancel, reject and and/or all bids, or to waive any irregularities and accept that bid which is the lowest and best.

3.14. Warranty

Weapons furnished under any award resulting from this Invitation to Bid shall be covered by the most favorable commercial warranties given any customer for such a weapon and the rights and remedies provided therein. The warranty period will be indicated on the bid submittal sheet. A copy of the warranty shall be furnished with the bid submittal.

3.15. Safety

The Contractor shall be responsible for the safe conduct of his/her personnel during the execution of the work detailed herein. The Contractor shall meet or exceed the standards set for by the Occupational

Safety and Health Administration (OSHA) and requirements established by the Federal, State, and Local agencies. Should an unsafe condition be identified during the execution of this work, the Contractor will immediately suspend such activity until a safe method can be employed.

3.16. Employees

A. Contractor shall be responsible for the appearance of all working personnel assigned to the project. Personnel shall be clean and appropriately dressed at all times. Personnel must wear property identification at all times (company shirts, ID badges, etc.)

B. All personnel of the Contractor shall be considered to be, at all times, the sole employees of the

Contractor, under the Contractor’s sole direction, and not an employee or agent of the City of

Lake City. The Contractor shall supply competent and physically capable employees and the City of Lake City may require the Contractor to remove any employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on city property is not in the best interest of the City of Lake City. The City of Lake City shall not have any duty to implement or enforce such requirements.

C. Contractor shall assign an “on-duty” supervisor who speaks and reads English.

D. Contractor shall have its employees refrain from the use of tobacco products in the City’s buildings or grounds. Tobacco use will be allowed in designated areas only.

E. Contractor shall be solely responsible for receiving all materials and equipment at site.

3.17. Delivery

Materials ordered shall be delivered within 120 to 180 days from receipt of Purchase Order. Failure to do so shall be considered breach of award or default, and the City of Lake City shall utilize its options as stated within this specification. Delivery Address will be noted on the Purchase order. The City of

Lake City Police Department shall be notified 48 hours prior to delivery of weapons and pick-up of traded weapons so that personnel may be available as needed. Notification shall be made to: Lt. Andy

Miles at (386) 758-5421 or milesa@lcfla.com and Karen Nelmes, Procurement Director at (386)719-

5818 or nelmesk@lcfla.com.

3.18. Training

Awardee shall provide a Manufacturer's Representative for training of Department Armorer's from the

City of Lake City Police Department.

4. TERMS AND CONDITIONS

4.1. Licenses/Qualifications

All Contractor's must be qualified and licensed under the laws, rules and regulations of the State of

Florida and the City of Lake City, Florida to perform the work required by these contract documents.

Contractor’s qualifications including equipment to be used for this project will be subject to review and approval by the City prior to award.

4.2. Insurance

The following coverages are required: (“M” indicates million(s), for example $1M is $1,000,000)

A. Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO)

Form CG 00 01 or its equivalent on an “occurrence” basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement’s value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent).

B. Automobile Liability (AL) Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for

Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent).

C. Worker's Compensation (WC) & Employer's Liability Insurance for all employees engaged under the

Agreement, Worker’s Compensation as required by Florida law. Employer’s Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements.

D. Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC.

Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of insurance coverage for any type of claim/loss for the proposed work or services.

ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing.

ADDITIONAL INSURED - City, its elected officials, departments, officers, officials, employees, and volunteers together with, as applicable, any associated lender of the City shall be covered as additional insureds on all liability coverage (e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm.

CANCELLATION/NON-RENEWAL – Each insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non-renew, or material reduction in coverage

(except aggregate liability limits) and at least 10 days’ notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm’s receipt from its insurer of any notices of same. If any policy’s aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City’s notice (or Award contact) address as stated in the Agreement with a copy to the following: Procurement Department 205 N. Marion Ave. 2nd Floor, Lake City, FL 32055

CERTIFICATE OF INSURANCE (COI) – to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors’ acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate

Holder must be The City of Lake City, Florida.

4.3. Indemnity

Successful contractor will indemnify and hold Owner and Owner’s agents harmless from any loss, cost, damage or injury sustained by any persons (s) as a result of the actions of employees or officers of the

Contractor, subcontractors or suppliers.

4.4. Liquidated Damages

In the event the bidder is awarded the contract and fails to complete the work within the time limit or extended time limit agreed upon, liquidated damages will be paid to the City of Lake City at the sum of

$No sum per day for all work awarded under the contract until the work has been satisfactorily completed and accepted by the City.

4.5. Schedule

A. Upon receipt of all required documents a Notice to Proceed will be issued.

B. The successful Contractor must complete all work within ninety (90) calendar days after delivery of equipment.

4.6. Special Conditions

A. Extended time may be allowed for the completion of this project due to inclement weather.

B. Decisions to allow days added to the contract due to inclement weather will be based upon weather records as recorded with the State of Florida, Division of Forestry located in Lake City, Florida and approved by the City of Lake City Project Manager.

C. In the event additional days are awarded the contractor must notify the City of Lake City

Procurement department at the beginning of work stoppage and each succeeding day until work can be safely resumed.

4.7. Contract/Award

A. The successful Contractor will execute the contract within ten (10) calendar days following issuance of Notice of Award. Upon receipt of required documents, a Notice to Proceed will be issued.

B. Award shall be made to the most responsive responsible bidder.

4.8. Payment

Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, et. seq., the Local Prompt Payment Act. Bidders that accept Visa/MasterCard payments without charging a fee for payment will be paid within 10 days of the City receiving the invoice. Please send invoice to procurement@lcfla.com.

4.9. Or Equal

Any manufacturers’ names, trade names, brand names or catalogue numbers used in the specifications are for the purpose of describing and establishing general performance and quality levels. Such references are not intended to be restrictive. Bids are invited on these and comparable brands or products provided the quality of the proposed products meet or exceed the quality of the specifications listed for any item. All requests for “or equal” consideration must be received prior to the deadline for receiving questions.

4.10. Experience/References

Bidders must provide a statement of qualifications and include with their proposal a minimum ofthree

(3)references for similar project in the last three (3) years years. The list of references must be submitted as a part of the bidder response as provided within the vendor questionnaire. All reference materials provided become the property of the City of Lake City and also become public record.

4.11. Change Orders

A. Notify the City of Lake City of any conditions in the project area that are not addressed within the specifications that may require a change order.

B. Change orders to the scope of work or additional work requested by the City of Lake City must be in written form and initiated by the Contractor.

C. All changes or additions will be approved by the City of Lake City prior to work being initiated.

4.12. Addendum

It will be the sole responsibility of the bidder to contact the Purchasing Department prior to submitting a bid to determine if any addenda have been issued, to obtain such addenda, and to acknowledge addenda with their bid. Failure to submit acknowledgement of any addendum that affects the bid price is considered a major irregularity and will be cause for rejection of the bid.

4.13. Required Documents

The enclosed documents must be executed and returned with bid proposal or the proposal may be considered non-responsive. (Conflict of Interest Statement, Disputes Disclosure Form, Drug Free

Workplace Certificate, Non-Collusion Affidavit of Proposer, References, Public Entity Crime Statement and E-Verify Affirmation Statement.

4.14. Public Entity Crime

Public Entity Crimes – Section 287.133 (3) (n) of the Florida Statutes requires that a vendor/contractor submit a sworn statement concerning Public Entity crimes. Bidders are required to submit the enclosed form with their bid, failure to do so may be reason for rejection of bid.

4.15. Employment Eligibility Verification (E-Verify)

In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding

Executive Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply with the Employment

Eligibility Verification Program(“E-Verify Program”) developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned to the Agreement; (3) use

E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirement in certain subcontracts, such as construction. Information on registration for and use of the E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

4.16. Public Record

The Owner is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with

Florida’s public records law. Specifically, the Contractor shall:

A. Keep and maintain public records required by the public agency to perform the service.

B. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

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

D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency

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

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (386) 719-5826 OR (386) 719-5756, CITYCLERK@LCFLA.COM, CITY CLERKS OFFICE, 205 N MARION AVE., LAKE CITY, FL, 32055.

4.17. Payment And Performance Bonds

Payment and performance bonds are not a requirement of this bid.

4.18. Additional Information

The City of Lake City reserves the right to request any additional information needed for clarification from any Bidder for evaluation purposes.

4.19. Force Majeure

If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this award/contract (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations herein.

“Force Majeure Event” means, with respect to the Nonperforming Party, any event or circumstance, regardless of whether it was foreseeable, which was not caused by the Nonperforming Party, which prevents the Nonperforming Party from complying with any of its obligations under this award/contract, on condition that the Nonperforming Party uses reasonable efforts to comply with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party, economic hardship of a party, an increase in prices, changes in market conditions, or a change of law.

Upon the occurrence of the Force Majeure Event, the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last. Thereafter the

Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure

Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this award/contract. The other party has the right to terminate the award/contract if the Non-Performing Party’s Force Majeure Event continues for more than a reasonable time.

4.20. Scrutinized Companies

Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are (1) on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and (2) with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria.

A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of

Israel may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount.

A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more.

Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the

Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida

Statutes are met.

If the City determines the Bidder submitted a false certification under Section 287.135(5) of the Florida

Statutes upon submission of a bid or proposal, entering into a contract, on contract renewal, or if the

Awardee has been placed on the Scrutinized Companies with Activities in the Sudan List or the

Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized

Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Awardee notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes

4.21. Invoicing

The Awardee shall furnish the City complete itemized invoices for the services performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal document on the bid response/pricing sheets.

Invoices shall contain, but not be limited to the following information:

• Invoice Number;

• Company Name;

• Purchase Order Number;

• Location and dates of service;

4.22. Laws, Codes and Ordinances

The Successful Bidder/Proposer shall comply with all Federal, State, County and City laws, rules and regulations as applicable to this bid.

5. PRICING PROPOSAL

WEAPONS PRICING

Prices of items

Line Item Description Quantity Unit of

Measure Unit Cost Total Comments

1 Smith & Wesson M&P

M2.0 9mm - 4.25" Barrel -

C.O.R.E - Black - 17 Round includes 3 magazines

53 each

2 Smith & Wesson M&P

M2.0 9mm - 3.6" Barrel -

C.O.R.E - Black - 15 Round includes 3 magazines

13 each

3 Trijicon RMR Type 2 Red

Dot Sight 3.25 MOA Red

Dot, Adjustable LED

53 each

4 Safariland 6360rds ALS/SLS

Mid-Ride, Level III

Retention Duty Holster for

S&W M&P M2.0 9mm w/RMR and Weapon Light

STX Tactical Black

53 each

TOTAL

TRADE-IN VALUE OF CURRENT WEAPONS

Line Item Description Quantity Unit of

Measure Unit Cost Total Comments

1 Smith and Wesson M&P40

M2.0 .40 SW 4.25" Barrel

15 rounds with 3 magazines

53 each

2 Smith and Wesson M&P40

M2.0 .40 SW 3.5" Barrel 10 rounds with 3 magazines

13 each

3 GLOCK 27 40 SW 10 Round

Black with 3 Magazines 3 each

Line Item Description Quantity Unit of

Measure Unit Cost Total Comments

TOTAL

6. VENDOR QUESTIONNAIRE

6.1. References*

As per the Terms and Conditions, please provide the company name, address, contact person, telephone number and length of time services, using the following format, of at least three (3) client/customer references.

*Note: only list those client/customers in which a similar type of equipment/product of scope of work/service was provided.

Company Name: ____________________________________________

Address:___________________________________________________

Business Phone #:___________________________________________

Contact Person:_____________________________________________

Email: ____________________________________________________

Length of time services provided:_______________________________

*Response required

6.2. Title and Organization*

Please provide your title and organization's name.

*Response required

6.3. Local Office*

Please provide the city and state for your local office. If you do not have a local office, please type "N/A".

*Response required

6.4. Principal Office*

Please provide the city and state for your Principal Office.

*Response required

6.5. Conflict of Interest Statement*

A. The above named entity is submitting a Bid for the City of Lake City 021-2021 described as

Purchase of Replacement Duty Weapons and Holsters.

B. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge.

https://secure.procurenow.com/portal/lcfla/projects/8415?section=50957

C. The Affiant states that only one submittal for the above proposal is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project.

D. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above proposal. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project.

E. Neither the entity not its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency.

F. Neither the entity nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project.

G. I certify that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Lake City.

H. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of lake City.

I. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Lake City.

☐ Please confirm

*Response required

6.6. Disputes Disclosure Form*

Please select all that pertain to your organization. To answer yes, click on the options that pertain to your organization.

Select all that apply

☐ Has your firm or any of its officers, received a reprimand of any nature or been suspended by the

Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years?

☐ Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years?

☐ Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business?

☐ None

*Response required

6.7. Disputes Disclosure Form - Explanation*

If you answered yes for any in the previous question, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. If you selected none, please type "N/A".

*Response required

6.8. Disputes Disclosure Form - Acknowledgement*

I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Lake City.

☐ Please confirm

*Response required

6.9. Drug Free Workplace Certificate*

I, the undersigned, in accordance with Florida Statute 287.087, hereby certify that, as an authorized signatory on behalf of our organization, publishes a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above, and specifying actions that will be taken against violations of such prohibition.

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

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

• Notifies the employees that as a condition of working on the commodities or contractual services that are under bid or proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, plea of guilty or nolo contender to, any violation of Chapter 1893, of any controlled substance law of the State of Florida or the United

States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt.

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

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

“As a person authorized to sign this statement, I certify that the above named business, firm or corporation complies fully with the requirements set forth herein”.

☐ Please confirm

*Response required

6.10. Non-Collusion Affidavit*

A. By submitting a response to this solicitation, the Bidder Acknowledges that he/she is authorized to submit the attached response on behalf of their organization for:

021-2021, Purchase of Replacement Duty Weapons and Holsters;

B. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal;

C. Such Proposal is genuine and is not a collusive or sham proposal;

D. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham

Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached proposal or any other Bidder, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other Bidder, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Lake City, Florida or any person interested in the proposed Contract; and;

E. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

☐ Please confirm

*Response required

6.11. E-Verify Affirmation Statement*

021-2021-Purchase of Replacement Duty Weapons and Holsters

Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of Homeland

Security’s E-Verify System to verify the employment eligibility of,

(a) all persons employed by Contractor/Proposer/Bidder to perform employment duties within Florida during the term of the Contract, and,

(b) all persons (including subcontractors/vendors) assigned by Contractor/Proposer/Bidder to perform work pursuant to the Contract.

The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department of

Homeland Security’s E-Verify System during the term of the Contract is a condition of the Contract.

☐ Please confirm

*Response required

6.12. Bidder's Checklist*

By submitting a response to this solicitation, the bidder acknowledges that they have read, understand and agree to all requirements and that they have completed in their entirety all required documents and/or attachments as a part of their bid submission.

☐ Please confirm

*Response required

6.13. Clarifications and Exceptions*

Please explain in detail any deviation from the specifications. Each deviation must be itemized by number and must specifically refer to the applicable specification. Otherwise it will be considered that items offered are in strict compliance with these specifications and the successful Bidder will be held responsible for meeting the specification. If there will not be any deviation, please type "N/A".

*Response required

6.14. Sworn Statement Under Section 287.133(3)(n), Florida Statutes on Public Entity Crimes

6.14.1. Federal Identification No. (FEID)*

Please provide your FEIN number here.

*Response required

6.14.2. Acknowledgments*

A. This sworn statement is submitted with 021-2021.

B. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to, and directly related to, the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any…