Residential_and_Commercial_Solid_Waste,_Yard_Waste,_Recycling_Collection_and_Disposal_Services_(Addendum_#5_Revision).pdf

City of New Smyrna Beach

210 Sams Avenue New Smyrna Beach, FL 32168 https://www.cityofnsb.com/

RFP 02-26-PW

RESIDENTIAL AND COMMERCIAL SOLID WASTE, YARD WASTE,

RECYCLING COLLECTION AND DISPOSAL SERVICES

RELEASE DATE: January 16, 2026 DEADLINE FOR QUESTIONS: February 23, 2026 RESPONSE DEADLINE: April 2, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cityofnsb https://procurement.opengov.com/portal/cityofnsb?status=all

City of New Smyrna Beach

Residential and Commercial Solid Waste, Yard Waste, Recycling

Collection and Disposal Services

I. Public Notice II. Introduction

III. Instructions to Proposers IV. Description of Services V. General Terms and Conditions

VI. Criteria, Submittal Format and Requirements VII. Federal Conditions

VIII. Fee Proposal IX. Required Responses

Attachments:

A - Public Records B - City Forms C - City Required Form - Subcontractors (Tab 1) D - City Required Form - References (Tab 1)

E - NSB RFP FRANCHISE FINAL 3-3-2026

F - COS

G - FY26 Sanitation Prices to Vendor H - Tonnage - Revised I - Commercial List - Password Removed (Attachment A to Franchise) J - Attachment J Mult Fam - Password Removed K - NSB Side Door Customer List 021226 - Password Protected L - NSB August 2025 Invoice M - NSB Sept 2025 Invoice N - NSB October 2025 Invoice O - NSB November 2025 Invoice P - NSB December 2025 Invoice

Q - NSB January 2025 Invoice R - Toters and Location S - Street Map T - Compactor Rolloff List 021726 U - Landfill Fees FY2022-FY2026

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I. Public Notice

Residential and Commercial Solid Waste, Yard Waste, Recycling Collection and Disposal Services.

The City of New Smyrna Beach, Florida, (the "City") is accepting electronic sealed proposals from qualified licensed Contractors to provide all management, supervision, labor, material, equipment and incidentals necessary to provide exclusive residential and commercial solid waste services, including yard waste, to the City of New Smyrna Beach, Florida. Additional services may include residential recycling collection and disposal services.

The solicitation documents can be obtained through the City's eProcurement Portal found at https://procurement.opengov.com/portal/cityofnsb. All required documents shall be completed and submitted through the City's eProcurement Portal.

End of Advertisement

Publish: Daytona News Journal, Friday, January 16, 2026 City website: www.cityofnsb.com OpenGov: https://procurement.opengov.com/portal/cityofnsb

II. Introduction

Thank you for your interest in doing business with the City of New Smyrna Beach, Florida. If you are interested in preparing a response to this solicitation, please read the solicitation package in its entirety prior to submitting a response.

II.A Summary

The City of New Smyrna Beach, Florida, (the "City") is accepting electronic sealed proposals from qualified licensed Contractors to provide all management, supervision, labor, material, equipment and incidentals necessary to provide exclusive residential and commercial solid waste services, including yard waste, to the City of New Smyrna Beach, Florida.

Current services include residential recycling collection and disposal services. Proposals shall include pricing for these services; however, these services are considered optional and may not be selected or awarded.

It shall be the Proposer’s responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source.

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The City of New Smyrna Beach utilizes OpenGov, the City's eProcurement Portal, to communicate solicitation information to the Public. All documents and correspondence regarding this solicitation can be obtained through this portal found at https://procurement.opengov.com/portal/cityofnsb. There is no charge to register with OpenGov and/or to participate in the solicitation process.

RCG Consulting, Inc., Consultant to the City, will provide staff with comments and analysis of the received proposals based on the following criteria provided herein. A committee of city employees shall evaluate and rank each submittal based on information provided. The committee shall present its recommendation to the City Commission, which has the authority to make the final determination and award contracts. The City’s Purchasing Manager will oversee the solicitation process and work closely with the Consultant and City Staff.

The City reserves the right to reject any or all proposals or parts thereof, or to accept the proposal(s) or parts thereof when considered by the City to be in the best interest of the City. Any proposal received after the time and date specified will not be considered.

For purposes of this solicitation the terms "Consultant" “Proposer,” “Respondent” and/or “Vendor,” are used interchangeably, and are in reference to the person or entity submitting the response to this solicitation.

II.B Background

The City serves an area of 41.6 square miles in size and serves a population of approximately 33,402. It is located off of Florida’s East Coast, in the County of Volusia, just north of Cape Canaveral with easy access to both Interstate 95 and Interstate 4. The City’s fiscal year begins on October 1st and ends on September 30th.

The City was created in 1887 by adoption of its first charter, which was replaced through Chapter 224.08, Special Acts of Florida, 1943, and subsequently amended, with the most recent update taking effect January 1, 2021.

The legislative branch of the City is composed of an elected five-member City Commission consisting of the Mayor and four Commissioners. The City Commission is governed by the City Charter and by state and local laws and regulations. The City Commission is responsible for the establishment and adoption of policy. The execution of such policy is the responsibility of the Commission-appointed City Manager.

More detailed information on the government and can be found in City of New Smyrna’s Comprehensive Annual Financial Report (CAFR). This report may be viewed on https://www.cityofnsb.com/105/Financial-Reports.

The City of New Smyrna is exempt from any and all state, local and federal taxes.

II.C Contact Information

Janet Vivian Purchasing Agent https://procurement.opengov.com/portal/cityofnsb https://www.cityofnsb.com/105/Financial-Report

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Email: jvivian@cityofnsb.com Phone: (386) 410-2600 Ext: 2654 Department:

Public Works

II.D Timeline

Times listed are Eastern Standard Times (EST) and are tentative, they may be subject to change.

Issue RFP Notice January 16, 2026

Pre-Proposal Meeting (Mandatory) February 4, 2026, 11:00am In Person: James W. Hathaway Commission Chambers, City Hall Annex, located at 214 Sams Avenue, New Smyrna Beach, FL 32168

Deadline for Written Questions February 23, 2026, 5:00pm

Proposal Submission Deadline April 2, 2026, 2:00pm

Opening of Submittals (Non-Mandatory) April 2, 2026, 3:00pm Microsoft Teams Meeting, Call in (audio only):

786-636-1338 Phone Conference ID: 812 887 216#

Evaluation Meeting (Non-Mandatory) May 1, 2026, 10:00am In Person: James W. Hathaway Commission Chambers, City Hall Annex, located at 214 Sams Avenue, New Smyrna Beach, FL 32168

Join Virtually: Microsoft Teams Meeting, Call in (audio only): 786-636-1338 Phone Conference ID: 491 084 92#

Recommendation of award to City Commission

May 26, 2026

III. Instructions to Proposers

Proposers must familiarize themselves with Instructions to Proposers (ITP), and the proposed refuse Contract which is to be executed by the successful Proposers. All provisions contained within this document and the Contract are a part of the Proposers Instructions.

mailto:jvivian@cityofnsb.com tel:(386)410-2600;ext=2654

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III.A Submitted Proposal

The Proposal submitted by the selected Proposers become an integral part of a contract between the City and the Proposers, and representations, covenants and conditions therein contained shall be binding upon the person, firm or corporation executing the same.

Proposals shall be submitted electronically through the City’s e-Procurement Portal, OpenGov.com.

III.B Confidential Information

In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses thereto are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential and/or proprietary which may be considered exempt under Florida Stature §119.07(t).

The Proposers preparing a submittal in response to the RFP shall bear all expenses associated with its preparation. The Proposers shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of proposal preparation and/or presentation. Additionally, the City has retained professional consultants responsible for the preparation and management of the proposal process.

III.C Outstanding Obligations to Municipalities (Clean Hands Policy)

No proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to the City for any debt or contract, who is a defaulter, as surety or otherwise, of any obligation to the City, or who is deemed irresponsible for unreliable by the City. The city will be the sole judge of said determination.

The City of New Smyrna Beach reserves the right to retain all proposals submitted regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the respondent of the conditions contained in this solicitation, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of New Smyrna Beach and the awarded firm or consultant.

The City has the sole discretion and reserves the right to cancel or withdraw this solicitation at any time for any reason, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the City to do so.

The City also reserves the right to award a contract based on experience and qualifications or to award only a portion of the services specified, if deemed to be in the City’s best interest.

III.D Cone of Silence/Lobbying

Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the

7 | P a g e governmental decision of a City Commission Member, the City Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period.

A lobbying black-out period commences upon the issuance of this solicitation document.

If a recommendation to award is presented to City Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the City Commission refers the item back to the City Manager, Procurement Department and/or the requesting Department further review or otherwise does not take action on the item, the Cone of Silence/Lobbying Black-out Period will be reinstated until such time as the City Commission meets to consider the item for action.

Proposers, respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any City Commission member, the City Manager and/or any member of the evaluation committee concerning an active solicitation during the Cone of Silence/Lobbying Black-out Period.

III.E Mandatory Pre-Proposal Conference

For all interested Contractors, a mandatory pre-proposal conference will be held at 11:00 am on Wednesday, February 4, 2026.

The conference will be held in the James W. Hathaway Commission Chambers located in the City Hall Annex, 214 Sams Avenue, New Smyrna Beach, FL 32168.

Important Note: The pre-proposal conference is mandatory. Proposals will only be accepted from the Contractors that attend the pre-proposal conference in its entirety. The Conference will offer interested Contractors the opportunity to ask questions and discuss the project directly with staff and the Consultant.

In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation or an interpreter to participate in any proceedings, should contact the Purchasing Manager at 386-410-2654 for assistance, at least two (2) business days before any meeting date.

III.F Due Date for Questions

To ensure fair consideration for all parties, the city prohibits communication to or with any department, division, employee, or city representative from the issuance date of this solicitation until the City’s final action. Unauthorized contact regarding this solicitation with any employee, and/or elected city officials of the City of New Smyrna Beach other than purchasing may result in disqualification from this procurement process of the contacting individual/firm submittal.

All questions related to this solicitation shall be submitted in writing via the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before 5:00 pm on Monday, February 23, 2026. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. When asking questions, be sure to enter each question separately.

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Proposers must clearly understand that the only official answer or position of the City shall be the one stated in writing by the City.

All responses to questions will be in the form of an addendum that will be posted on OpenGov.

Bidders are required to acknowledge receipt of the posted addendums, if any, by signing a posted addendum and submitting a signed copy with a submitted bid.

It is the responsibility of the prospective respondents to check OpenGov for addendum(s) and other important information pertaining to this solicitation. The City reserves the right to make a written request for additional information from a Contractor/Vendor to assist in understanding or clarifying a Bid Proposal. The responses are to be provided in writing.

The City is not responsible for the content of any public solicitation package received through any 3rd party bid service or any source not listed above. It is the sole responsibility of the contractor to ensure the completeness of the documents received from any 3rd party. The city is not responsible for errors and omissions occurring in the transmission or downloading of any specifications from our or any website.

III.G Due Date for Proposals

Electronic proposals shall be received prior to 2:00 pm on Thursday, April 2, 2026 via the City’s e- Procurement Portal. Submittals will not be permitted or accepted after this date and time.

There is no expressed or implied obligation for the City of New Smyrna Beach to reimburse responding bidders for any expenses incurred in preparing a response to this solicitation.

Contact OpenGov technical support at support@opengov.com if technical difficulties arise during bid submission.

Received proposals are subject to the conditions specified herein and on any attached sheets, specifications, special conditions, or vendor notes.

The city is not responsible for the failure of a Proposer or the Proposer’s agent to submit responses in a timely manner. Submittals by email, telephone or fax shall be rejected as non-responsive.

III.H Opening of Proposals

Electronic proposals will remain sealed until the time of opening listed in Section II of this document. The received proposals will be publicly opened virtually through Microsoft Teams and the proposers' names read aloud at that time. It is important to note that this is public meeting, and the meeting will be recorded. No discussion of the Proposals will occur at this time.

Click on the link to join the meeting: Join the meeting, Meeting id: 225 866 177 007 02, Passcode: GM99pd3g. May attend the meeting for audio only by dialing in by phone: 786-636- 1338. Phone ID: 812 887 216# https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzRiYjNmMTktYWFkMy00ODIxLTkwMTAtMmZjNmZhNmFmZGI1%40thread.v2/0?context=%7b%22Tid%22%3a%22e8a2d9f9-0bd2-4e4a-ae4c-4a9092138ff8%22%2c%22Oid%22%3a%223580558d-a61c-452f-b761-445deb37149f%22%7d

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III.I Evaluation Meeting

RCG Consulting, Inc., Consultant to the City, will provide staff with comments and analysis of the received proposals based on the following criteria provided herein.

The time and date of Evaluation meeting is provided in Section II of this document and on the city website.

Attend in person or virtually.

Person: James W. Hathaway Commission Chambers, City Hall Annex, located at 214 Sams Avenue, New Smyrna Beach, FL 32168

May also click the following link to join the meeting: Join the Meeting Now Meeting id: 220 738 444 569 59 Passcode: Zp92Zg7T or call in (audio only): 786-636-1338 Phone Conference ID: 491 084 92 #

A submission of a proposal to the City offers no rights upon the respondent nor obligates the City in any manner. Acceptance of a proposal does not guarantee issuance of any other governmental approvals.

If made, the recommendation of award will be made to the best overall respondent whose proposal is most advantageous to the city, taking into consideration the evaluation factors set forth in this solicitation. The city will not use any other factors or criteria in the evaluation process.

The consensus of the committee will be the deciding factor on how to move forward.

III.J City's Rights

The City of New Smyrna Beach reserves the right to retain all proposals submitted regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the respondent of the conditions contained in this solicitation, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of New Smyrna Beach and the awarded firm or consultant.

The City has the sole discretion and reserves the right to cancel or withdraw this solicitation at any time for any reason, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the City to do so.

The City reserves the right to award a contract to the Proposer that the City deems to offer the most responsive and responsible proposal, as defined elsewhere in this solicitation. The city is therefore not bound to accept a proposal based only on lowest price.

The City reserves the right to reject any and/or all proposals, in part or in whole when such rejection is in the best interest of the City and/or the following reason(s) apply:

• No binding signatures.

• No proposal security bond submitted (if applicable).

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDQxYjAwMTctOTYxNi00MDZmLWIyZjgtNmU5ZWE0ZmZhMDVl%40thread.v2/0?context=%7b%22Tid%22%3a%22e8a2d9f9-0bd2-4e4a-ae4c-4a9092138ff8%22%2c%22Oid%22%3a%223580558d-a61c-452f-b761-445deb37149f%22%7d

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• Failure to comply with the RFP document.

• Conviction in a court of law of any criminal offense in connection with the conduct of business.

• Evidence of a violation of any federal or state anti—trust law based on the submission of proposals or the awarding of contracts.

• Evidence that the Proposer has attempted to give a city employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the City’s solicitation process.

• Other reasons deemed appropriate by the City Commission

III.K Proposal/Security Bond

Submitted proposals shall be accompanied by a proposal bond of no less than 10% percent of the amount of the submitted proposal. Failure of the Bidder to supply same, in the amount and type required, shall automatically render the Proposer as non-responsive resulting in the disqualification from further consideration of their bid response.

The bond shall be submitted in the sum of no less than ten percent (10%) of the proposal revenue for the first year of the Contract, made payable to the City of New Smyrna Beach, Florida. The bond serves as a guarantee that the Proposer will not withdraw from the competition after opening of the Proposals, for a period of one hundred eighty (180) days.

The surety must be rated as "A” or better as to strength by Best’s Insurance Guide, published by A. M. Best Company, Inc., located at 1 Ambest Road, Oldwick, New Jersey 08858. For the latest ratings and Insurance Guide, access www.ambest.com.

In lieu of a proposal bond, the Proposer may submit cash (U.S. currency only), money order, certified or cashier’s check drawn from a national or state bank whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC), in the amount of 10% percent of the total proposed amount. Money orders and checks must be made payable to the City of New Smyrna Beach.

The terms of the Security Bond shall be:

A. The Proposal shall enter into an agreement if awarded to the Proposer.

B. The surety (or alternate form of security forfeit) shall be responsible for the costs resulting from the failure of the Bidder to enter into an Agreement if awarded to the Bidder; including the increased costs associated with awarding to the next most responsive, responsible Bidder and costs associated with conducting the Bid process and letting the agreement.

C. To promptly enter into an agreement to perform the work and furnish the required Performance and Payment Bond, if applicable; and https://www.ambest.com/home/

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D. Any interest earned as a result of the City depositing the accepted money order, certified or cashier’s check, or cash received as bid security bond into an interest-bearing account, shall be retained by the City.

A copy of the bid bond must be uploaded with the proposal response in the form of a Bid bond, certified funds or an irrevocable letter of credit in a sum equal to the amount of 10 percent (10%) of the amount of the bid proposal. The contractor shall guarantee the total proposal price for a period of 180 days from the date of the proposal opening.

If the contractor selects to submit a cashiers’ check or cash bond it must be received by the city no later than 2:00 pm on Wednesday, March 4, 2026. Please submit in a sealed envelope to the following address:

City of New Smyrna Beach

210 Sam's Avenue

New Smyrna Beach, Florida 32168

Attention: Purchasing Department

Return of proposal/security bond: Once the responses have been evaluated, the City may, at its sole discretion, return or release the bid security bonds accompanying such bid responses, which in its sole judgment, would not likely be considered for award. All other Bid Security Bonds will be held until award of this project, and the agreement has been executed by the successful Bidder; after which any remaining Bid Security Bonds will be returned to the respective Bidders.

It shall be the sole responsibility of the Bidder to request in writing from the City the return of the Bid Security Bond or alternative form of security used. Bid Security Bond or alternative form of security used shall not be returned unless requested by the Bidder in writing.

III.L Performance Bond

The amount of the Performance Bond shall be provided in Section 11-E of the Contract, to ensure the City of New Smyrna Beach, Florida, of the faithful performance of the Contract. A copy of the contract is provided in the Attachment Section of this document.

IV. Description of Services

IV.A Scope of Services

Contractor shall provide refuse collection, transportation, disposal services recyclable materials collection, as further described below, within the municipal boundaries. Contractor will provide such services to all the city solid waste residential and commercial customers. In addition, Contractor shall perform such services as are required to provide a complete recyclable materials program. The recyclable materials collection program will not be exclusive to the Contractor as it pertains to commercial customers as per Florida State Statutes, FL 403.7046.

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Residential, multi-family residential and commercial garbage cannot be commingled with yard waste and must be picked up separately as per current state mandate rule 62-701.

It is the intent of the City to consider the conversion of the present service of collection which is residential solid waste two (2) time per week, recycling one (1) time per week, vegetative waste one (1) time per week, oversized bulk one (1) per week to residential solid waste customers using rear or side loader type collection vehicles (pricing to be broken down in Options 1A through 1H on pages 37-40)”. Bulk using either rear load type collection vehicles or claw type collection vehicles with a minimum of a driver and one (1) helper for residential waste and yard waste collection. Bulk waste pick up will take place once a week on one of the residential days.

The city will work with the awarded contractor to determine what day is best. The City will convert to use of wheeled cart, aka, toter system, carts to be supplied by the Proposers.

Currently the collection days are residential solid waste on Monday/Thursday or Tuesday/Friday, recycling in 4 zones (Monday, Tuesday, Thursday, Friday), and yard waste on Wednesday.

Proposers are responsible for reviewing each street for service access.

As part of the submittal, Proposers are required to include their proposed schedule and routes. The city will work with the awarded contractor to determine the schedule and route that is in the best interest of the city.

Respondents are required to possess the correct professional license, and any other authorizations necessary to carry out and perform the work in accordance with the specifications pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.

If required and/or requested, copies of the required licenses must be submitted with the solicitation response indicating that the entity proposing, as well as the team assigned to the City account, are properly licensed to perform the activities or work included in the contract documents.

Additional detailed information is provided in Section 3 of the Franchise Contract provided in the Attachment Section of this document.

Note: Proposers should familiarize themselves with the Volusia County disposal facilities and the inter-local between the City of New Smyrna Beach and Volusia County if any.

IV.B Web-based Electronic Tracking System

In order that the City may be informed of the quality of service, if applicable, the Contractor agrees to maintain an on-line, web-based electronic tracking system for and with the City to record and retain records of all requests, compliments, complaints and resolution of said complaints or inquiries for inspection by the City. The Contractor will provide the city and all residential customers with access to the Electronic Tracking System to request a service or report a complaint and review status of the same. The city may provide a link to the System from the City’s website. The Contractor agrees they must input a resolution for each case entered the tracking system prior to closing any such case. The contractor will also be required to provide the city with access to the contractors’ GPS tracking system or installing the city’s GPS

13 | P a g e tracking system such as Samsara devices on the contractor's collection and work vehicles used in the city.

IV.C Contract

It is the City’s intent to enter into one agreement with one company for an initial term of ten

(10) years with one (1) optional ten (10) year period periods for renewal, upon approval of the City Commission. The contract may be extended for the same term and conditions or additionally negotiated terms and conditions negotiated between the parties for additional 10-year terms and approved by the city commission.

A contract resulting from this solicitation shall be subject to the terms and conditions set forth in this document and the Franchise Agreement provided in the Attachment Section of this document. The City reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of the City. The City shall not be obligated to sign any contracts, maintenance and/or service agreements or other documents supplied by the awarded provider.

All Proposers must familiarize themselves with the proposed refuse Contract which is to be executed by the successful Proposer.

Contract Negotiations: The City will attempt to negotiate an agreement with the top ranked provider which is determined to be in the best interest of the City. The agreement will cover all aspects of the scope of services as described herein. If no agreement is reached with the top ranked firm or individual, negotiations will be terminated and initiated with the next-ranked firm or individual, and so on, until an agreement is reached.

The selected Contractor shall be required to sign a City Franchise Agreement within fourteen

(14) days of Notice of Selection for Award.

V. General Terms and Conditions

V.A Additional Requirements

The City reserves the right to request additional services relating to any awarded Agreement with the Contractor. When approved by the city, as an amendment to the Agreement, and authorized in writing, the Contractor shall provide such additional requirements as may become necessary.

V.B Agreement

The awarded Contractor shall be expected to execute an agreement containing the terms and conditions herein. Any exceptions to the terms and conditions contained herein must be identified and agreed upon as outlined herein before consideration of proposal.

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This RFP shall be included and incorporated in the final contract and/or purchase order. The order of contract precedence will be the contract (purchase order), proposal document and response.

V.C Alien Workers

The City does not award publicly funded Contracts to those who knowingly employ unauthorized alien workers in violation of section 274A of the Immigration and Naturalization Act. 8 United States Code §132a. Such employment deprives legal workers of job opportunities. Violation of section 274A shall be grounds for unilateral cancellation of the Contract, Agreement, Proposal or Quote for purchase of services and goods by the City.

V.D Ambiguity, Conflict, or Other Errors in the Solicitation

If a respondent discovers any ambiguity, conflict, discrepancy, omission, or other error in the solicitation, the respondent shall immediately notify the Purchasing Department, noted herein, of such error in writing and request modification or clarification of the document. The City shall make modifications by issuing an addendum through the City's e-Procurement portal. No interpretation shall be considered binding unless provided in writing by the City of New Smyrna Beach.

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

V.E Americans with Disabilities Act (ADA)

Persons with disabilities needing special accommodation at public meetings should contact the Purchasing Department at 386-410-2654, no later than seven (7) days prior to the appropriate date on which the accommodation is requested.

V.F Auditable Records

The awarded Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Proposer’s cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all fees for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The City or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Proposer or its sub-consultants as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Contractor's place of business.

This right to audit shall include the Proposer’s subcontractors used to procure goods or services under the contract with the City. Awarded Contractor shall ensure the City has these same rights with subcontractor(s) and suppliers.

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V.G Availability of Funds

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

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

V.H Availability of Personnel

Personnel described in the proposal shall be available to perform the services as described. All personnel shall be considered to be, at all times, the employees, or agents of the Proposer, and not employees or agents of the City.

V.I Federal and State Tax

The City of New Smyrna Beach is exempt from Federal and State Sales and Use Taxes for tangible personal property. Consultants doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City nor shall any Consultant be authorized to use the City’s Tax Exemption Number in securing such materials.

V.J Florida Public Records Act

All material submitted regarding this solicitation becomes the property of the City. Solicitation documents may be reviewed by any person ten (10) days after the public opening. The Respondent should take special note of this as it relates to any proprietary information that might be included in its offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City.

The City has the right to use any or all information/material submitted in response to this solicitation and/or any resulting contract from same. Disqualification of a Professional Consultant does not eliminate this right. This section is further subject to F.S. 119.01 et. seq.

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 CITY'S CUSTODIAN OF

PUBLIC RECORDS, CITY CLERK, AT 386/410-2630, CLERK@CITYOFNSB.COM, CITY

OF NEW SMYRNA BEACH, 210 SAMS AVENUE, NEW SMYRNA BEACH, FL 32168.

The contractor is required to comply with public records laws, specifically to:

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

16 | P a g e 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.

V.K Foreign Corporation

In accordance with Section 607.150 of the Florida Statutes, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State.

Foreign corporations may submit bids or proposals prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S.

607.150, prior to entering into a Contract with the City.

V.L Governing Law/Jurisdiction

The interpretation, effect, and validity of any contract(s) resulting from this solicitation shall be governed by the laws and regulations of the State of Florida. In the event that a suit is brought for the enforcement of any term of the contract(s), venue of any court action shall be in Volusia County, Florida.

V.M Human Trafficking

Compliance with Florida Statutes, 787.06.

A contract resulting from this solicitation is subject to the terms, conditions, provisions and requirements of Section 787.06 of the Florida Statutes and Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided a complete Human Trafficking Affidavit provided in the Attachment Section of this document.

V.N Immigration Reform and Control Act

Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either

17 | P a g e may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately.

V.O Joint Ventures

Responders that are intending to submit a bid response as a joint venture are required to have filed proper documents with the Division of Corporations, and/or any other State or local licensing agency prior to submitting a bid response. Please refer to Section 489.119 Florida Statutes.

Joint venture firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal Joint Venture Agreement between all joint venture parties, indicating their respective roles, responsibilities, and levels of participation for the project.

V.P Judgements/Legal Findings

By submitting a proposal for consideration, the proposer affirms that they currently have no judgements or other legal findings nor have any pending judgements or other legal findings against the company or any of its executives, with any federal, state or local governmental entities that in any way could impact or have the potential to impact their ability to complete any contract awarded them as a result of this bid. Failure to disclose any such judgments and/or findings will result in the termination of any contracts and other penalties as deemed legal and appropriate by the City.

V.Q Legal Requirements

Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the item(s) covered herein apply. Lack of knowledge by the respondent will in no way be cause for relief from responsibility.

V.R Liability

The City of New Smyrna Beach assumes no responsibility for the cost of preparing a response to this solicitation. The awarded contractor shall hold and save the City of New Smyrna Beach, its officers, agents and employees harmless from liability of any kind in the performance of or fulfilling the requirements of a contract which may result from award of this solicitation.

Neither party shall be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal.

The Consultant shall hold and save the City of New Smyrna Beach, its officers, agents, and employees harmless against claims by third parties resulting from the Consultant's breach of contract or negligence, including all attorney’s fees and costs, and shall pay any and all damages, 18 | P a g e fees, and costs assessed on behalf of the City. The City expressly reserves all rights, privileges, and benefits of sovereign immunity.

V.S Method of Source Selection

The City of New Smyrna Beach is using the competitive sealed proposal methodology of source selection for this procurement, as authorized by the City Purchasing Policy.

Proposers understand that in addition to price the following criteria is taken into consideration:

• The ability, capacity and skill of the Proposers to perform the Contract.

• Whether the Proposers can perform the Contract within time specified, without delay or interference.

• The character, integrity, reputation, judgment, experience and efficiency of the Proposers.

• The quality of performance of previous contracts.

• The previous and existing compliance by the Proposers with laws and ordinances relating to the Contract.

• The sufficiency of financial resources and ability of the Proposers to perform the Contract or provide the service.

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

• The ability of the Proposers to provide future maintenance and service for the use of the subject of the Contract.

Note: Detailed criteria are provided in Section VI of this document.

V.T On-line Provider Disclaimer

It is recommended that respondents register and maintain their registration with OpenGov at www.OpenGov.com. This is a third-party provider that provides a platform to communicate solicitation information to the Public. OpenGov does not represent the City nor does communications through this provider constitute communications to the City. The City of New Smyrna Beach is not responsible for errors and omissions occurring in the transmission or downloading of any documents from the online website. In the event of any discrepancy between information on this website and the hard copy specifications, the terms of the hard copy specification will control.

V.U Payment

Florida Statute 218.70, et seq, known as the "Florida Prompt Payment Act" sets forth "the policy of this state that payment for all purchases by local governmental entities is made in a timely manner". This is also the policy of the City of New Smyrna Beach. The City expects prompt and

19 | P a g e accurate service from our consultants/vendors, and it shall pay their invoices promptly and accurately.

V.V Principals/Collusion

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

V.W Prohibition of Gifts to City Employees

No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences:

A. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time;

B. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes and;

C. Immediate termination of any contract held by the individual and/or firm for cause.

V.X Proposal, Presentation, and Protest Costs

The City shall not be liable in any way for any costs incurred by any proposer in the preparation of its bid in response to this RFP, nor for the presentation of its bid and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.

V.Y Protest Procedures

1) Respondents who do not agree with the City's recommendation for award shall be afforded the opportunity to protest the recommendation by submitting written notice to the Purchasing Division. Proposals not meeting the minimum published requirements, including specifications, scope of service, or required documents, are not subject to protest.

2) Such notice shall be given within three (3) business days after the City posts its notice of intent to award.

3) A formal written protest shall be made to the Purchasing Division within five (5) working days after filing the notice of protest, which shall state the grounds for the protest and the action requested.

20 | P a g e

4) The formal written protest shall include with it a bid protest bond in the amount of one percent (1%) of the estimated contract amount, as provided in Florida Statutes § 287.042(2)(c) and Rule 28-110.005 of the Florida Administrative Code. The notice of protest must be either hand-delivered and date and time stamped by the Finance Department, or sent via Certified U.S.

mail, return receipt requested. Failure to file a protest within the timeframe specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding award of the bid.

For full bid protest guidance, consult Section 9.1, Notice of Protest, of the City of New Smyrna Beach’s purchasing policy.

V.Z Public Entity Crimes

Pursuant to Section 287.133(12)(a) of the Florida Statutes, “A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of 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 CONTRACTOR 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 ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list.”

V.AA Relation of City

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

V.BB Requests for Clarification

The city may, as it deems necessary, conduct discussions with responsible respondents for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements.

Requests by the City's Purchasing Manager or City Consultant or to a proposer(s) for clarification of a submittal(s) shall be in writing. Proposer’s failure to respond to request for clarification may deem proposer to be non-responsive and may be just cause to reject its proposal.

V.CC Responsive and Responsible

Received proposals shall be evaluated for conformance as responsive and responsible using the following criteria:

• Proper submittal of ALL documentation as required by this proposal. (Responsive)

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• Demonstrate the ability to meet all minimum requirements including any required equipment requested by the City (Responsive)

• Provide proof of all required business or occupational licenses needed to perform the Work (Responsive)

• Provide all required bonds and proof of insurability. (Responsive)

• Provide documentation to support financial stability and technical ability to perform the Work, if requested. (Responsible)

Proposers are reminded that award may not necessarily be made to the lowest proposal. Rather, award will be made to the most responsive, responsible, Proposer whose proposal represents the best overall value to the city when considering all evaluation factors which may include but are not limited to:

• Appropriate and acceptable state trade licenses, certification and training of Contractor personnel

• Resumes including trade designation and experience of key personnel

• Available equipment or proof of accessibility to equipment

• Ability to meet City’s delivery time frame or job completion schedule

• Past performance with the city or any other contracting agency related to performance, schedules, ethics, invoicing and project closeout

• Proof of Business Tax Receipts

V.DD Single Proposal

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

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

V.EE State Registration Requirements

Any corporation submitting a proposal in response to this solicitation shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter…