Request for Proposal

Security Surveillance System

RFP 09-20

Bid Proposal Due by July 24, 2020, 2:00 PM at

DeBary City Hall 16 Colomba Rd. DeBary, Fl.

32713

Bid Opening July 24, 2020, 2:00 PM at

DeBary City Hall Council Chambers 16 Colomba Rd. DeBary, Fl.

32713

Mandatory Pre-Bid Site Survey meeting will be by appointment only beginning Monday, June 22, 2020 – Thursday, July 2, 2020. The location is DeBary City Hall, 16 Colomba

Road, DeBary, FL. Failure to schedule and attend Pre-Bid Site Survey meeting will disqualify your bid. Contact Eric Frankton at 386-601-0225 to schedule your time slot.

Social distancing and PPE are required at DeBary City Hall.

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1. Introduction & Overview

The City of DeBary is seeking proposals from qualified firms/individuals to provide a video surveillance system solution to replace in entirety its existing surveillance system with an enhanced system including 4K cameras both internally and externally.

2. Purpose

The City of DeBary wishes to contract with a qualified firm/individual to furnish and install internal and external network security cameras in accordance with the terms, conditions, and specifications contained within. The RFP should include recommendations for coverage improvement, a statement of work for implementation that includes specific hardware, as well as related costs and efforts required to implement.

3. TENTATIVE SCHEDULE (Subject to change)

RFP Release Date Sunday, June 21, 2020 Mandatory Pre-Bid Site Survey Monday, June 22 – Thursday, July 2,2020 Written Question Deadline Friday, July 10, 2020 Answer Addendum Issued Friday, July 17, 2020 RFP Due Date + Time Friday, July 24, 2020 2:00pm RFP Public Opening Date + Time Friday, July 24, 2020 2:00pm Award of Contract Wednesday, August 5, 2020

4. Proposer Qualifications & Requirements

A. Firm/individual must have a minimum of three (3) years of experience in providing video surveillance system solutions and implementation of equipment as pertains to this project.

B. Firm/individual must have experience in delivering similar services in Florida.

C. Firm/Individual must be available during the City’s normal business hours.

D. Firm/Individual must provide price proposal.

E. Firm/Individual must be able to provide a minimum of three (3) references of similar projects completed in the last 3 years (see Exhibit A).

F. Firm/Individual shall provide detail of how staff will be made available for this project.

G. Firm/Individual shall provide a history of the firm and all key personnel involved in this project.

H. Firm/Individual shall provide a list of similar projects beyond the 3 in Exhibit A to further demonstrate their experience. Please include names of projects

City of DeBary Page 2 of 30 RFP 09-20 and award amounts as well as any unusual challenges and the resultant solutions.

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5. Scope of Work

A. Firm/Individual shall conduct a physical site survey to determine mounting designs and required mounting hardware, as well as wire routing options.

B. Firm/Individual shall provide a written recommendation of strategies, solutions, and options available to the City for improvements over the existing system.

C. Firm/Individual shall provide a written quotation of services that includes cost of personnel and hardware, time estimates, project approach, and benefits to be realized.

D. City may require the firm/individual to conduct a presentation regarding their qualifications and recommended solution.

E. In addition, the scope of work shall include the following services:

i. Removal of existing surveillance wiring;

ii. Removal of existing cameras and NVR (City will retain);

iii. Camera adjustments to desired coverage per City request;

iv. Setting up NVR for remote access.

F. The hardware selected for the project shall meet the following minimum requirements:

I. Newest compression technology (H. 265) or better;

II. 4K cameras (8MP or better);

III. Cat 6 wiring or better;

IV. 32 Channel NVR or better;

V. 16 TB data storage or better.

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6. GENERAL TERMS AND CONDITIONS

6.01 USE OF INTERCHANGEABLE TERMS

A. Throughout this solicitation document, the usage of the terms Contractor, Consultant, Proposer and/or Respondent may be used interchangeably with each other.

B. Throughout this solicitation document, the usage of the terms Agreement and/or Contract may be used interchangeably with each other.

6.02 FUND AVAILABILITY

Any contract resulting from this solicitation is deemed effective only to the extent that funds are available. The City of DeBary abides by the provisions set forth in Florida Statutes relative to the appropriation of funds.

A. Multi-Year Contracts and Appropriation of Funds (if applicable)

Contracts for Goods, Services, or Construction may be entered into for more than one (1) fiscal year if it is deemed to be in the best interest of the City, if the term of the Contract and conditions of renewal or extension are included in the Solicitation, and funds are available for the first term of the Contract.

Obligations for succeeding fiscal years may be subject to the availability and appropriation of funds by the City Council.

B. For Construction Projects, total funding may be identified and appropriated in the fiscal year commencement of the Construction Project takes place, or to the maximum extent as possible and not inconsistent with law. Obligations for succeeding fiscal years shall be rolled over and/or appropriated as applicable.

6.03 PROMPT PAYMENT ACT

Payments will be made pursuant to section 218.70, Florida Statutes, Florida's Prompt Payment Act.

6.04 INVOICES

A. All invoices, in order to be classified as a proper invoice, shall be delivered to Finance

Department, Attention: Accounts Payable, City of DeBary, 16 Colomba Road, DeBary, Florida, 32713.

The City shall establish billing standards to ensure accountability and accuracy.

A "proper invoice" shall include but is not limited to the following:

1. A description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them);

2. The amount due, applicable discount(s), and the terms thereof;

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3. The full name of the Vendor, Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number;

4. The Purchase Order, task order, and Contract number (if applicable) as supplied by the City;

5. An identification by City Division, Department or Office of the party or parties to whom the goods were delivered or services provided; and

6. In order to be considered as a proper invoice, it must be based on:

a. a proper delivery,

b. installation, or

c. provision of the goods and/or services acceptance by the City; and

d. the Vendor, Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the Contract's terms and conditions and is not in default of any of them.

B. Dispute Resolution

In the event a dispute occurs between a contractor, vendor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City of DeBary and the invoicing party shall meet to consider the disputed issues.

The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five

(45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the Purchasing Director shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three (3) business days after such decision.

If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued.

6.05 LOCAL BUSINESS TAX RECEIPT

Both the City of DeBary and Volusia County require a Local Business Tax Receipt be held by all its contractors. Please contact the City directly for information concerning this requirement at (386) 668-

2040.

6.06 FOREIGN CORPORATION

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In accordance with Section 606.1501, 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. 606.1501, prior to entering into a Contract with the City of DeBary.

6.07 PERMITS, LICENSES OR FEES

At its sole expense, any required federal, state, and local permits, licenses, occupational and otherwise, or fees required shall be the responsibility of the proposer. The City will not entertain separate payment for these items.

6.08 TAXES

The City of DeBary is a municipality corporation existing under the laws of the State of Florida. As such, the City does not pay State of Florida Sales Tax. The City's sales tax exemption does not apply to goods and services purchased separately by the successful proposer in connection with its fulfillment of its contractual obligations with the City. The successful proposer shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the awarded

Agreement as a result of this solicitation.

6.09 COMPLIANCE WITH ALL LAWS AND VENUE

At its sole expense, any contractual arrangement between the City and the proposer shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, county, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of award and execution of an Agreement or are adopted at any time following the execution of the awarded Agreement. All legal actions hereunder shall be conducted only in the circuit court in Volusia County or federal court in the Middle District of Florida; except that any final judgment may be enforced in other jurisdictions in any manner provided by law.

6.10 CONFLICT OF INTEREST

All proposers must disclose, with their proposal, the name of any officer, director, or agent who is also an officer or employee of the City of DeBary. Furthermore, all proposers must disclose the name of any City of DeBary officer or employee who owns, directly or indirectly, an interest of ten percent

(10%) or more of the proposer's firm or any of its branches, subsidiaries, or partnerships. Failure to disclose in this manner will result in the disqualification of the proposer or the cancellation of work. It is the sole responsibility of the proposer to ensure compliance with the Section 2-198, Conflict of

Interest of the City of DeBary Purchasing Policy. Please complete and submit the Conflict of Interest

Statement with your proposal response. The City may seek damages for the recoupment of losses in having to re-solicit or re-assign this project.

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6.11 NON-COLLUSION/LOBBYING CERTIFICATION

All proposers submitting a proposal certify that such person, firm, association, or corporation has not, either directly or indirectly, entered into any Agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted proposal.

In addition, no City appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a member of the City Council, City Manager or any City employee in connection with the awarded Agreement as a result of this solicitation process. Please complete and submit the Non-Collusion/Lobbying Certification with your proposal response.

6.12 ADDITIONAL TERMS AND CONDITIONS

No additional terms and conditions included within the proposal response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmitting letters, specifications, literature, price lists, or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this proposal and the proposer's authorized signature affixed to the proposal signature section attests to this.

6.13 INDEPENDENT CONTRACTOR AND LIABILITY

The successful proposer and each sub-consultant are, and while performing the Services will continue to be, independent contractors. The successful proposer shall not be an agent of the City, except as may be otherwise expressly provided herein and/or the awarded Agreement, and only to the extent so provided. The successful proposer's employees and sub-consultant employees are not, and while performing any of the Services, they shall not be deemed to be, employees of the City.

6.14 INDEMNIFICATION

Indemnification, Hold Harmless, and Workers Compensation

A. Contractor hereby indemnifies and holds the City of DeBary and its officials, employees, representatives, and agents harmless from and against any and all claims, disputes, lawsuits, injuries, damages, construction liens, attorneys' fees (including trial and appellate fees), costs and experts' fees, interest and all adverse matters in any way arising out of or relating to acts, omissions, negligence, misrepresentations or defaults of Contractor and/or Contractor’s employees, agents, officers, representatives, and subcontractors related to this Agreement.

B. To the extent that Contractor does not have workers compensation insurance coverage, Contractor hereby warrants and represents that Contractor is not required to have such coverage under Florida law or any other law. Failure to carry workers compensation insurance where required by law shall constitute a material breach of this Agreement.

Contractor’s indemnification and hold harmless obligations under subsection (a) of this section expressly include but are not limited to any and all claims by any injured employee of

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Contractor, regardless of the merits of such claim. None of Contractor’s employees, agents, officers, representatives, or subcontractors shall be considered employees of the City for purposes of worker’s compensation or for any other purpose.

C. This section survives termination, expiration, and/or completion of this Agreement.

D. The CONSULTANT guarantees that all services performed under this Agreement will be free from claims of patent, copyright or trademark infringement.

6.15 INSURANCE REQUIREMENTS

A. Coverages

1 Prior to commencement of its Work, the Contractor shall furnish to City, policies of insurance and appropriate certificates evidencing that the below described insurance is in force and fully paid. All insurance policies and certificates provided for hereunder shall become a part of this Contract and the policies and insurance company issuing same must be acceptable to City. The Contractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

1.1 Commercial General Liability (CGL) with limits of insurance not less than $1,000,000 each occurrence and $2,000,000 annual aggregate.

1.1.1 If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project.

1.1.2 CGL coverage shall be written on ISO Occurrence Form CG 00 01 1093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, and personal and advertising injury.

1.1.3 City, Owner, and all other parties required by the City and/or by the Owner Contract, shall be included as additional insureds on the CGL, the endorsement used must provide a scope of coverage equivalent to or broader than the ISO CG 20 10 and 2037 forms. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contractor. It shall apply as Primary Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. Insurance must be primary and non-contributory.

1.1.4 Contractor shall maintain CGL coverage for itself and all additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and each additional insured through the longer of the applicable statute of limitations or repose period for construction defects and products liability claim in the state where the Work is performed after completion of the Work.

1.2 Automobile Liability

1.2.1 Business Auto Liability with limits of at least $1,000,000 each accident.

1.2.2 Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles.

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1.2.3 City, Owner and all other parties required of the City shall be included as additional insureds on the auto policy.

1.3 Commercial Umbrella

1.3.1 Umbrella limits must be at least $1,000,000.

1.3.2 Umbrella coverage must include as insureds all entities that are additional insureds on the CGL.

1.3.3 Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to the additional insured other than the CGL, Auto Liability and Employers Liability coverages maintained by the Contractor.

1.4 Workers' Compensation and Employers Liability

1.4.1 Employers Liability Insurance limits of at least $500,000 each accident for bodily injury by accident and $500,000 each employee for injury by disease.

1.4.2 Where applicable, U.S. Longshore and Harborworkers

Compensation Act Endorsement shall be attached to the policy.

1.4.3 Where applicable, the Maritime Coverage Endorsement shall be attached to the policy.

1.5 Builder's Risk Insurance

1.5.1 The City and/or Owner may pay for and/or maintain a Builder's Risk Insurance policy insuring the Work against damages and loss by fire, storm, theft, and other such causes from which the Contractor shall receive his pro-rata share in the event of a loss. However, the City assumes no responsibility for any loss excluded from Builder's Risk Insurance, or for payment of any deductibles regardless of whether the City or Owner paid for or provided the Builder's Risk Insurance.

If the Owner or City has not purchased insurance satisfactory to Contractor, Contractor may, as its sole option and expense, purchase and maintain a policy insuring its Work against damages and loss by fire, storm, theft and other such causes to protect the interest of the Contractor.

2 Certificates of Insurance acceptable to the City shall be filed with the City prior to commencement of the Contractor's Work. Attached to each Certificate of Insurance shall be a copy of the Additional Insured Endorsement that is part of the Contractor's Commercial General Liability Policy. City's receipt of Contractor's proof of insurance as required above at the beginning of the Project, and at any other time that the insurance required by the Contract Documents is required to be in place, is an express condition precedent to Contractor's right to commence work and Contractor's right to payment at any time.

3 Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Contractor's Work until date of final payment and termination of any coverage required to be maintained after final payment to the Contractor.

4 These certificates and the insurance policies required by this paragraph shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the City. If any of the foregoing insurance

City of DeBary Page 10 of 30 RFP 09-20 coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment. If Contractor receives notice that any of its insurance carriers intend to cancel, non-renew, or materially change any of the policies required to be maintained by the Contract for any reason, it must immediately give written notice of the same to City. Furthermore, if Contractor cancels, non-renews, or materially changes any of the policies required to be maintained by the Contract for any reason, it must give written notice to City thirty (30) days in advance of such changes becoming effective. The use of "Leased Employees" or a Professional Employer Organization to administer Workers' Compensation shall expressly constitute a material change. Contractor's failure at any time to have insurance coverage of the types and amounts listed herein is a material breach of contract and a default justifying termination of this Contract.

5 Waiver of Subrogation. Contractor waives all rights against City, Owner and Architect and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Contractor's commercial general liability, commercial umbrella liability, business auto liability or Workers' Compensation and employers liability insurance maintained per requirements stated above.

6 It is expressly agreed and understood by and between Contractor and City that all insurance, whether issued on a primary or excess basis, afforded the additional insureds shall be primary insurance to any other insurance available to City and that any other insurance carried by City shall be excess of all other insurance carried by the Contractor and shall not contribute with the Contractor's insurance. Contractor further agrees to provide endorsements on its insurance policies that shall state the foregoing; however, Contractor's failure to provide such endorsement shall not affect Contractor's agreement hereunder.

B. Include a copy of your current liability insurance, workman's compensation insurance certificate, and a copy of your firm's Local Business Tax Receipt (Reference Section 6.05) with your proposal submittal.

C. The successful proposer(s) shall provide original certificates of Insurance, evidencing coverage as required in the Insurance Requirements, to City of DeBary within five (5) regular business days of the notification of the intent to award the Agreement. Certificates of Insurance shall provide a minimum of a thirty (30) day notice of cancellation to the City and shall name the City of DeBary as a

Certificate Holder/Additional Insured.

D. All insurance certificates shall remain valid and in full force for the term of the Agreement.

Failure to maintain binding insurance policies for awarded services will be grounds for termination of awarded Agreement.

6.16 PUBLIC ENTITY CRIMES

As required by section 286.133, Florida Statutes, the proposer warrants that it is not on the convicted contractor list for a public entity crime committed within the past thirty-six (36) months. The proposer further warrants that it will neither utilize the services of, nor contract with, any supplier, sub-contractor, or consultant in connection with this Agreement for a period of thirty-six (36) months

City of DeBary Page 11 of 30 RFP 09-20 from the date of being placed on the convicted contractor list. Please complete and submit the Public

Entity Crimes Form with your proposal response.

6.17 ACCEPTANCE OF GOODS/SERVICES

Receipt of goods/service shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the performance meets the specifications and/or all conditions. Should the delivered goods/services differ in any respect from the specifications, payment will be withheld pursuant to section 218.70, Florida Statutes, until such time as the successful proposer takes necessary corrective action. If the proposed corrective action is not acceptable to the City, the City may refuse final acceptance of the goods/services.

6.18 DRUG FREE WORKPLACE

Certification of an implemented drug-free workplace program must be included with the RFP response when submitted. If your firm has implemented a drug-free workplace program, please complete the Drug-Free Workplace Certification and include with your RFP response.

6.19 AMERICANS WITH DISABILITIES ACT

Persons with disabilities needing a special accommodation to participate in this proceeding should contact the City of DeBary, 16 Colomba Road, DeBary, Florida 32713, telephone (386) 668-2040, not later than seven (7) days prior to the date on which the accommodation is requested

6.20 AUDITS AND RECORDS — RESPONSIBILITIES OF THE SUCCESSFUL PROPOSER

Before or after an Agreement is prepared and executed, the successful proposer may be required to disclose their financial condition in a specified manner. In addition, subsequent to an Agreement being executed, the successful proposer must maintain financial records and reports relating to funds paid by any parties for work on the matters which are the subject of this RFP document, and submit reports to the City in the form and frequency requested. The successful proposer must maintain books, records, documents, and other evidence according to generally accepted accounting principles, procedures, and practices, which sufficiently and properly reflect all costs of any nature expended in the performance of the resulting contract, and retain said copies for a period of no less than five (5) years after termination of the project. The aforesaid records, books, documents, and other evidence shall be subject at all times to inspection, review, or audit by the City or its designee. The successful proposer shall include these aforementioned audit and record keeping requirements in contracts and subcontracts thereto entered into by the successful proposer with any party for work required in the performance of this project.

6.21 ADDITIONAL INFORMATION

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

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6.22 EQUAL OPPORTUNITY

The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women owned business enterprises. All proposers are asked to make an affirmative statement as to its support of all applicable equal opportunity and affirmative action requirements. A copy of the City's Equal Employment Opportunity policy is available upon request.

Preference will not be given to minority or women owned businesses.

6.23 CONE OF SILENCE/LOBBYING BLACK-OUT PERIOD; QUESTIONS REGARDING THE REQUEST FOR

QUALIFICATIONS (RFP) SOLICITATION PROCESS

A. 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 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.

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

1. For awards requiring City Council approval concludes at the beginning of the meeting at which the City Council will be presented the award(s) for approval or a request to provide authorization to negotiate a Contract(s). However, if the City Council refers the item back to the City Manager, City of

DeBary and/or requesting Department/Division/Office for 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 Council meets to consider the item for action.

2. For awards requiring City Manager approval concludes upon issuance of a Notice of Intent to

Award.

C. Bidders, Respondents, potential Vendors, service providers, lobbyists, consultants, or Vendor representatives shall not contact any City Council member, the City Manager, any requesting or evaluating Division/Department/Office personnel, and/or any member of the Evaluation Committee concerning an active Solicitation during the Cone of Silence / Lobbying Black-out Period.

D. All questions and inquiries concerning procedural matters shall be directed to the City of

DeBary. Any questions relating to the interpretation of specifications or any aspect of the solicitation process shall be addressed to the City of DeBary, in writing, at least ten (10) calendar days before the proposal opening date or prior to the specific date and time specified in this solicitation for questions.

E. Contact or communications by Bidders or Respondents to any City Council member, the City

Manager, any requesting or evaluating City personnel, or any member of the Evaluation Committee, initiated during the Cone of Silence / Lobbying Black-Out Period, may result in disqualification from the Solicitation process by the City of DeBary.

6.24 OFFICE OF RECORD

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The City of DeBary shall be the official "office of record" for all information transactions and data disbursements associated with this solicitation. City of DeBary may be reached Monday through

Friday between 8:30 A.M. to 5:00 P.M., Local Time via phone at (386) 668-2040.

6.25 PUBLIC RECORDS

Under Chapter 119, Florida Statutes, all responses to this solicitation shall be considered public record subject to distribution pursuant to the request for records by any interested party. Please complete the Public Records Act / Chapter 119 Requirements form.

6.26 TIME OF PERFORMANCE

The services described herein and on the attached shall be performed in a prompt and correct manner within the standards of good and ethical productivity as negotiated between the City and the successful proposer. All proposers are asked to provide the best estimate for compliance with the scope of services as established by the solicitation. All contract time lines will be based on the projected scope and the estimated time for performance.

6.27 ATTACHMENTS AND EXHIBITS

All attachments and exhibits hereto are made a binding part of this solicitation by this reference.

6.28 COST OF SUBMITTAL

The proposer understands that any and all costs related to the submittal of a proposal is considered an operational cost of the Proposer and shall not be passed on to, or be borne by the City.

6.29 PROHIBITION AGAINST CONTINGENT FEES

The Proposer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure an Agreement as a result of this solicitation process, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of the Agreement as a result of this solicitation process. Please complete the Prohibition

Against Contingent Fees affidavit.

6.30 TRUTH-IN-NEGOTIATIONS

The Proposer certifies to truth-in-negotiations and that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. Further, the original Agreement amount awarded as a result of this solicitation process and any additions thereto shall be adjusted to exclude any significant sums where the City determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs.

Such adjustments must be made within one (1) year following the end of the Agreement awarded as a

City of DeBary Page 14 of 30 RFP 09-20 result of this solicitation process. When applicable, please complete the Truth-in-Negotiations

Certification and include with your RFP response.

6.31 RESPONSIBILITY OF PROPOSER

By submitting a proposal, the Proposer certifies that the Proposer has fully read and understands this

RFP document and has full knowledge of the scope, nature, quantity, and quality of work to be performed; the detailed requirements of the services to be provided; and the conditions under which the services are to be performed.

6.32 ILLEGAL ALIEN LABOR AND COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT

OF 1986

The successful proposer(s) shall comply with all provisions of the Federal Immigration and Control Act of 1986 (8 U.S. Code § 1324 a) and any successor federal laws, as well as all provisions of Section

448.09, Florida Statutes, prohibiting the hiring and continued employment of aliens not authorized to work in the United States. The successful proposer(s) shall not knowingly employ or contract with an illegal alien to perform work under the awarded Agreement as a result of this solicitation process or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor is in compliance with the terms stated within. The General Contractor nor any subcontractor employed by him shall not knowingly employ or contract with an illegal alien to perform work under the awarded Agreement as a result of this solicitation process.

6.33 EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)

In accordance with State of Florida, Office of the Governor, Executive Order 11-116, in the event performance of this Agreement is or will be funded using state or federal funds, the proposer 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 proposer 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; (3) use E-

Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirements 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-Verifv.

6.34 SOVEREIGN IMMUNITY

Notwithstanding any other provision set forth in this solicitation and/or the resulting awarded

Agreement, nothing contained in this solicitation and/or the resulting awarded Agreement shall be construed as a waiver of the City's right of sovereign immunity under Section 768.28, F.S., or other limitations imposed on the City's potential liability under state or federal law. The City shall not be liable under this solicitation and/or the resulting awarded Agreement for punitive damages or interest

City of DeBary Page 15 of 30 RFP 09-20 for the period before judgment. Further, the City is not liable for any claim or judgment or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the City arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars

($300,000.00). This paragraph will survive termination of this solicitation and/or the resulting awarded Agreement.

6.35 ESTIMATED QUANTITIES — (Not applicable for this project)

6.36 PUBLIC EMERGENCIES

It is hereby made a part of this proposal that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, the City of DeBary shall require a "First Priority" for goods and services. It is vital and imperative that the health, safety, and welfare of the citizens of

DeBary are protected from any emergency situation that threatens public health and safety as determined by the City. The Proposer agrees to rent/sell/lease all goods and services to the City or governmental entities on a "first priority" basis. The City expects to pay contractual prices for all products and/or services under the awarded Agreement in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. Should the Proposer provide the City with products and/or services not under the awarded Agreement, the City expects to pay a fair and reasonable price for all products and/or services rendered or contracted in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God.

6.37 SCRUTINIZED COMPANIES CLAUSE

The City may not enter into any contract with any company that is on the scrutinized companies lists enumerated in Section 286.135, Florida Statutes. All responses to solicitations for goods and/or services shall be required to complete the Contractor Certification Regarding Scrutinized Companies certifying that the Respondent is not on any scrutinized companies list. All resulting contracts shall be subject to termination by the City:

A. In the event the successful proposer is put on a scrutinized companies lists enumerated in

Section 286.135, Florida Statutes, or

B. If the City determines that the proposer falsely certified to the City that the proposer is not listed as a scrutinized company.

C. Exceptions and additional penalties shall be set forth in Section 286.135, Florida Statutes.

6.38 PUBLIC RECORDS COMPLIANCE

The City is a public agency subject to Chapter 119, Florida Statutes. The successful

Proposer/CONTRACTOR agrees to comply with Florida's Public Records Law. As such the following language applies and shall be included in the awarded Agreement:

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A. The parties specifically acknowledge that this Agreement is subject to the laws of the state of

Florida, including without limitation Chapter 119, Florida Statutes, which generally make public all records or other writings made or received by the parties. If the CONTRACTOR is either a "contractor" as defined in Section 119.0701(1)(a), Florida Statutes, or an "agency" as defined in Section 119.011(2), Florida Statutes, the CONTRACTOR shall:

1. Keep and maintain all public records required by the CITY to perform the services herein; and

2. Upon request from the CITY's custodian of public records, provide the CITY 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 Chapter 119, F.S. or as otherwise provided by law; and

3. 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 Agreement Term and following completion of the Agreement if the

CONTRACTOR does not transfer the records to the CITY; and

4. Upon completion of the Agreement, transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the services herein. If the CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, 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 Agreement, the

CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format compatible with the information technology systems of the CITY.

B. All requests to inspect or copy public records relating to the Agreement shall be made directly to the CITY. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with the requirements of this paragraph shall result in the immediate termination of the Agreement, without penalty to the CITY. A CONTRACTOR who fails to provide the public records to the CITY within a reasonable time may be subject to penalties pursuant to Section

119.10, F.S. Further, the CONTRACTOR shall fully indemnify and hold harmless the CITY, its officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the CONTRACTOR's failure to comply with these requirements.

C. 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 AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS, ATTN: ANNETTE

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HATCH, CITY CLERK, AT 36-601-0219, AHATCH@DEBARY.ORG, 16 COLOMBA ROAD, DEBARY,

FLORIDA 32713.

6.39 ADMINISTRATIVE PROVISIONS

In the event the City issues a purchase order, memorandum, letter, or any other instrument addressing the services, work, and materials to be provided and performed pursuant to a contractual

Agreement, it is specifically agreed and understood that any such purchase order, memorandum, letter or any other instrument is for the City's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of the contractual Agreement and shall have no force or effect thereon. This statement is not applicable to duly authorized and agreed upon amendments to the

Agreement and/or duly authorized and agreed upon change orders if applicable.

6.40 TIME OF COMPLETION

The services to be rendered by the CONSULTANT for each section of the work shall commence as specified in the Agreement and shall be completed within the time as stated therein. A reasonable extension of time shall be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement or should weather conditions, acts of God, force majeure or man-made disasters delay performance of the consultant's duties. Such extensions of time shall be the sole remedy of the CONSULTANT for such delays, and the CONSULTANT will not be entitled to any damages or any claim for extra compensation for direct costs associated with such delay.

CONSULTANT further agrees that it will not be entitled to any damages or any claim for extra compensation for consequential damages of any type whatsoever for any such extensions including, but not limited to, damages and compensation for any direct or indirect financial damages, losses for extended corporate overhead impacted, extended project overhead impacts, project support, services, or by any other name or other legal concept label or theory or any business damages or losses of whatever type or nature and CONSULTANT hereby knowingly waives any right to make any such claim or claims and acknowledges additional good and valuable consideration for such waiver and lack of entitlement to such damages, losses and compensation.

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EXHIBIT A

REFERENCES

Proposer shall submit, as a part of the quotation package, a minimum of two (2) of the most significant projects performed within the last three (3) years. Additional references may be provided as set forth below.

Project #1:

Project Name:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Contact Email Address and Fax #:

Contract Amount: Date Work Performed:

Scope of Services Performed:

Project #2:

Project Name:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Contact Email Address and Fax #:

Contract Amount: Date Work Performed:

Scope of Services Performed:

Project #3:

Project Name:

Type of Project/Service:

Address:

Contracting Agency/Client:

Contact Name and Phone #:

Contact Email Address and Fax #:

Contract Amount: Date Work Performed:

Scope of Services Performed:

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CONFLICT OF INTEREST

I HEREBY CERTIFY that

1. I, ________________________________________________ , am the

(Printed Name)

__________________________________________and the duly authorized representative of the firm (Title)

_________________________________________ whose address is (Firm Name)

_________________________________________________________, and that I possess (Firm Address) the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and,

2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and,

3. The business nor any authorized representative or significant stakeholder of the business has been determined by judicial or administrative board action to be in noncompliance with or in violation of any provision/contract of the City of DeBary, nor has any outstanding past due debt to the City of DeBary, Florida; and,

4. The City of DeBary reserves the right to disqualify RFQs upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the RFQ process as required by law, upon the part of the Respondent(s), the City’s Professional Consultant(s) or any City employee(s) who may, or may not, be involved in developing RFQ specifications and/or firm RFQ schedules. Multiple RFQs from an individual, partnership, corporation, association (formal or informal);

firm under the same or different names shall not be considered. Reasonable grounds for believing that a Respondent has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such Respondent is believed to have an interest in. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the Respondents, the City’s Professional Consultant(s) or City employees. Contractors involved in developing a RFQ specification or Contractors with knowledge of RFQ specifications prior to the advertisement shall be disqualified from participating in the RFQ process.

EXCEPTIONS (List)

Signature: ____________________________

Printed Name: _________________________________

Firm Name: _____________________________________

Date: __________________

COUNTY OF _________________________ STATE OF ___________________________

Sworn to and subscribed before me this ______ day of ___________________________________ , 20____, by

______________________________________________ , who is personally known to me or who has produced

________________________________________ as identification.

NOTARY PUBLIC – STATE OF _____

Type or print name: ____________________ Commission No.: ______________________

Commission Expires ____________________________________________________ (Seal)

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NON-COLLUSION AFFIDAVIT OF PRIME RESPONDENT

STATE OF __________________________ )

COUNTY OF ________________________ )

I, ______________________________________, being duly sworn, deposes and says that:

(Printed Name)

1. He/she is _______________________________ of _______________________________, (Title) (Firm/Company) the respondent that has submitted the attached response.

2. He/she is fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such solicitation.

3. Such solicitation is genuine and is not a collusive or sham solicitation.

4. Neither the said respondent nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other respondent, firm or person, to submit a collusive or sham response in connection with the Agreement for which the attached response has been submitted or to refrain from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached solicitation or of any other respondent, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other responder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of DeBary, Florida, or any person interested in the proposed Agreement.

5. The price or prices quoted in the attached response are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties of interest, including affiant.

(Signature)

(Title)

COUNTY OF _________________________ STATE OF ___________________________

Sworn to and subscribed before me this ______ day of ___________________________________ , 20____, by ______________________________________________ , who is personally known to me or who has produced ________________________________________ as identification.

NOTARY PUBLIC – STATE OF _____

Type or print name: ____________________ Commission No.: ______________________ Commission Expires ____________________ (Seal)

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DRUG-FREE WORKPLACE AFFIDAVIT

The undersigned Respondent, in accordance with Florida Statute 287.087 hereby certifies that

__________________________________________…