RFP 2023-07 Intent and Gen Info.docx

RFP 2023-07 DECLARED EMERGENCY MEAL SERVICES

APPENDIX B – DRAFT AGREEMENT

JEFFERSON COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR PROPOSALS (RFP) FOR

EMERGENCY MEAL SERVICES

RFP 2023-07

RFP ADVERTISE DATE: May 5, 2023 RFP RELEASE DATE: May 5, 2023 RESPONSES DUE DATE AND TIME: June 5, 2023 @ 3:00 P.M

MAIL OR DELIVER RESPONSES TO:

(hand-delivery or express mail services) Jefferson County Board of County Commissioners

ATTN: RFP 2023-07

445 W. Walnut St.

Monticello, FL 32344

Contact:

COUNTY MANAGER’S OFFICE

Gus Rojas, County Budget Officer 445 W. Walnut St.

Monticello, FL 32344 850-342-0223 grojas@jeffersoncountyfl.gov

TABLE OF CONTENTS

INTENT AND GENERAL INFORMATION

SECTION 1.0 SCHEDULE OF EVENTS

SECTION 2.0 CONE OF SILENCE

SECTION 3.0 SCOPE OF SERVICES (SOS) / SCOPE OF WORK (SOW)

SECTION 4.0 PROPOSAL RESPONSE REQUIREMENTS

SECTION 5.0 PROPOSAL OPENING

SECTION 6.0 EVALUTION OF PROPOSALS AND SELECTION PROCESS

SECTION 7.0 INTENT TO AWARD AND CONTRACT EXECUTION

SECTION 8.0 STANDARD TERMS AND CONDITIONS (STAC)

APPENDICES

A. Legal Advertisement B. Draft Contract

INTENT AND GENERAL INFORMATION

Jefferson County, Florida through this Requests for Proposals No. 2023-07 , is soliciting proposals from qualified emergency debris removal firms or individuals with the required expertise and capability to provide emergency meal services, in response to an emergency event such as, but not limited to, hurricane, tornado, or other natural or man-made disaster (“the Services”). The specific elements are included in the Scope of Services, Section 3.0, of this RFP.

Firms interested in preparing a response for this RFP must complete the requirements set forth in this RFP, its attached documents and documents incorporated by reference (collectively referred to as the “RFP”). Under the proposal process of Jefferson County, the conditions set forth herein are binding on the Proposer as confirmed by the signature of a person with legal authority to bind the Proposer on the cover letter transmitting its Proposal to the County in response to this RFP.

If this RFP is amended, the County Manager’s Office will issue an appropriate addendum to the RFP. If an addendum is issued, all terms and conditions of this RFP that are not specifically modified in the addendum shall remain unchanged. An addendum to this RFP will be issued if any of the dates and/or times change. Specific dates/time will be determined at each phase.

It is understood and the Proposer hereby agrees to be solely responsible for obtaining all materials and determining the best methods that will be utilized to meet the intent of the specifications of this RFP. Failure by the Proposer to acquaint themselves with the available information will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing the Work. Proposers are expected to examine the specifications and all instructions pertaining to the required commodities/services. Failure to do so will be at Proposer’s own risk.

The County reserves the right to reject any Proposal found to be non-responsive, vague, or non-conforming. The County also reserves the right at any time to withdraw all or part of this RFP in order to protect its best interests. The County is not liable for any costs incurred by the Proposer in preparing its response, nor is a response an offer to contract with any Proposer. Pursuant to Chapter 119, Florida Statutes, all responses are subject to Florida’s public records laws.

While every effort is made to ensure the accuracy and completeness of information in the RFP, it is recognized that the information may not be complete in every detail and that all work may not be expressly mentioned in the RFP. It is the responsibility of the Proposer to include in its Proposal all pertinent information in accordance with the objectives of the RFP.

Proposers interested in the Work are instructed to submit one (1) original hard copy and one (1) electronic copy (USB flash drive) of its complete Proposal in accordance with this RFP, no later than June 5, 2023 @ 3:00 P.M., unless otherwise changed through an addendum to this RFP, to the County Manger’s Office at 445 W. Walnut St., Monticello, FL 32344. (Microsoft Word versions of all appendices can be requested from the County Manager’s Office.) Proposals received after this date and time will not be considered and shall be returned unopened.

· Jefferson County is an Equal Opportunity Employer.

· MBE/WBE businesses are encouraged to participate.

· Jefferson County strictly enforces open and fair competition.

ADA – Special Accommodations: Any person requiring accommodations by the County due to a disability should call the County Manager’s Office at 850-342-0223 at least five (5) working days prior to any pre-response Conference, response opening, or meeting. If you are hearing or speech impaired, please contact the County Manager’s Office by the Florida Relay Service, which can be reached at 1-800-955-8771 (TTY).

The RFP and any addenda issued are available on the Jefferson County website at http://www.jeffersoncountyfl.gov or by contacting the County at 850-342-0223. All questions pertaining to this RFP should be submitted in writing in accordance with Section 1.1 of the RFP.

SECTION 1.0 SCHEDULE OF EVENTS

Failure to comply with this or any other paragraph of this RFP shall be sufficient reason for rejection of the Proposal.

All times listed in the Schedule of Events are Eastern Standard Time (EST).

1.1 All inquiries and questions concerning this RFP must be in writing (e-mail is acceptable), received in accordance with Section 1.0 Schedule of Events, and must be directed to: Gus Rojas, County Budget Officer, at grojas@jeffersoncountyfl.gov.

Questions and responses will be posted on the County’s Website and, if necessary, an Addendum or Addenda will be issued.

1.2 Respondents will be notified of the County’s desire to enter additional discussions and hear an oral presentation of proposed solutions, if necessary.

SECTION 2.0 CONE OF SILENCE

2.1 A Cone of Silence will be in effect for this RFP beginning with the advertisement date of May 5, 2023 and will terminate upon issuance of Notice of Award. A violation of the “Cone of Silence” renders any award voidable at the sole discretion of the County Manager with approval from the Board of County Commissioners and may subject the potential Respondent/Contractor or representative to debarment.

2.2 The prospective Proposer shall not have any communication with any County officers, agents, or employees regarding this RFP or project. No interpretation of the meaning of the plans, specifications or RFP shall be made to a Proposer orally. Any such oral or other interpretations or clarifications shall be without legal effect.

2.3 All requests for interpretations or clarifications shall be in writing, addressed to the contact person as shown in Section 1.0, Schedule of Events. All such request for interpretations or clarifications must be received in writing in accordance with Section 1.0, Schedule of Events. Any and all such interpretations and supplemental instructions shall be in the form of a written addendum which, if issued, shall be posted on the County’s website on the date indicated in Section 1.0, Schedule of Events. Such written addenda shall be binding on the Proposer and shall become a part of the RFP Document(s)

SECTION 3.0 SCOPE OF SERVICES (SOS) / SCOPE OF WORK (SOW)

3.1.2 Proposers must be capable of providing meals in the event of an emergency or disaster and may propose to support part or all of any required meal service operation required in the event of an emergency. Proposers must have capacity and must plan accordingly to supply meal services in emergency conditions that may include the absence of normal fuel and electricity.

3.1.3 Following a declared emergency, County may contact any Proposer holding a contract issued pursuant to this solicitation to advise them of the County’s intent to order meal services.

3.1.4 The County makes no express or implied guarantee regarding the quantity of meals/services to be provided under any contract issued pursuant to this solicitation. No work is guaranteed.

3.1.5 Anticipated declared emergencies include, but are not limited to storms, hurricanes, tornadoes, flooding, fire, homeland security activity, and acts of terrorism.

3.1.6 Services required during each declared emergency will be based on the severity of said emergency and could range from one location to five distribution sites countywide.

3.2.2 The County will provide no less than 24 hours’ written or verbal notice of required services including nature of the emergency, time necessary to respond, location of distribution sites, nature of food or meals required, estimated quantity of food required, serving times, and name and contact information for the County’s representative.

3.2.3 Proposers must be prepared to respond to a notice of required services within 24 hours. County may, in its sole discretion, provide notices that response is not required for a period exceeding 24 hours.

3.2.4 County will provide no less than 24 hours’ written notice of conclusion of required meal services, including instructions and requirements for clean up, and will coordinate with Proposers to effectuate safe and appropriate termination of meal services.

3.2.5 Vendors must have capacity to supply and provide meal service at any food distribution site for an uninterrupted period of 24 hours in case of a lockdown emergency response.

3.3.2 All meals and food will be prepared and stored under applicable national, state, and local health safety and sanitary law and regulations. Proposer is responsible for compliance with all applicable national, state, and local health safety and sanitary law and regulations.

3.3.3 If Proposer will utilize mobile food dispensing vehicles in performing the work, Proposer will provide the County with a copy of all required licenses and will meet the specifications set forth in Rule 61C-4.0161, Florida Administrative Code.

3.3.4 Proposer will provide all management, supervision, labor, materials, supplies, and any additional equipment needed to establish and operate a food service facility for dispensing food and beverages. All services shall be prompt, efficient, sanitary, and courteous and avoid undue interference with the operation of the facility in which services are provided. The variety, menu, and appearance of food shall be consistent with food service industry standards.

3.3.5 Proposer will provide adequate employees to operate each meal distribution site based on the number of meals required for each location. Proposer’s employees will be clean and courteous to the public. Employees must have a current health department certification and have completed all required instructions and medical requirements. Proposers will maintain current health inspection records as required for the services provided hereunder.

3.3.6 Proposer will provide plates, hot cups, cold cups, eating utensils, serving utensils, service tables, chafing dishes, beverage urns, napkins, and all appropriate serving ware for all services provided. Proposer will provide microwave safe containers for hot boxed meals. Proposer will use recyclable materials when commercially available. Proposer will provide condiments in single-serve packets.

3.3.7 Proposers will maintain adequate food and meal service supplies and will be responsible for restocking such supplies during meal service.

3.3.8 Proposers will promptly dispose of all waste material generated during meal service following each meal service. Clean up and removal of waste following each meal service will be the responsibility of the Proposer.

3.3.9 Meals purchased by the County but leftover following meal service become the property of the County and remain with the County following each Meal Service. Proposers will box, label, date, and properly store leftovers in County refrigerators as part of clean up following each meal service.

3.3.10 Invoices submitted must itemize actual meal count at each Meal Service distribution location and reflect the firm fixed contract price per meal.

3.3.11 Proposer shall provide contact phone numbers at which Proposer can be contacted at any time and will appoint one of its employees or principals as the primary liaison for the County to contact during a declared emergency.

3.4.2 During declared emergencies, Proposers will provide a daily menu including foods that are visually appealing, appetizing, and nutritionally sound. Three nutritional and well-balanced meals per day will be required. In the event of 24-hour operation, an additional late meal service will be required. The County will describe the number of meals per day in its notice of required services.

3.4.3 Daily meals and snack options will be guided by the Dietary Guidelines for Americans 2020-2025, produced by the United States Department of Agriculture and the United States Department of Health and Human Services.

3.4.4 Meal Service Menu Requirements

3.4.4.1 Proposers will ensure choices for individuals with dietary restrictions, e.g. vegetarian, vegan, diabetic, kosher, gluten-free, etc.

3.4.4.2 Breakfast menus should include continental (cold) and buffet (hot) options.

3.4.4.3 Lunch, dinner, and late shift menus should include both box (cold) and buffet (hot) options.

3.4.5 Proposers will provide caffeinated and decaffeinated coffee and tea service (Coffee and Tea Service) throughout and between each meal service. Proposers will provide all materials necessary to brew and consume coffee and tea. Proposers will also provide creamer, sugar, sugar substitute, and non-dairy creamer for coffee and tea service.

3.4.6 Upon notice and request from the County, Proposers will make drinks and snacks available(Drinks and Snack Service) throughout and between each meal service, including but not limited to bottled water, regular and diet soft drinks, iced tea, juice, milk, chips, crackers, cereal bars, and nuts.

3.5.2 Meal counts will be provided to the County no later than two hours after the conclusion of each meal. A County representative and Proposer employee will record and reconcile the meal count at the end of each meal.

3.6 Serving Times

3.6.1 Serving times will be established for each emergency via notice of required services.

3.6.2 County suggested serving times listed below. Serving times may vary for each declared emergency. All times shown are Eastern time.

3.7.2 Proposers will set forth cost per meal service and per coffee, tea, and snack service.

3.8 Federal Provisions

Proposer understands that federal grant dollars may be used to fund the services provided under Contracts issued pursuant to this solicitation. Proposer agrees to all federal provisions set forth in the Draft Contract

4.1.2 Proposals not meeting all material requirements of this request or which fail to provide all required information, documents, or materials such as request forms, bonds, etc., will be rejected as non-responsive. Material requirements of the Proposal are those set forth as mandatory, or without which an adequate analysis and comparison of replies is impossible, or those which affect the competitiveness of replies or the cost to the County. A Proposer whose Proposal, past performance, or current status that does not reflect the capability, integrity, or reliability to perform fully and in good faith the requirements of the Contract may be rejected as non-responsible.

4.1.3 The County reserves the right to determine which Proposals meet the material requirements of the RFP and which Proposals are responsible and/or responsive. Further, the Board of County Commissioners may reject any and all Proposals and seek new Proposals when it is in the best interest of the County to do so.

4.1.4 A Proposal by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be provided on the Proposal Form, for a Proposal by a/an:

a. Partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be provided on the Proposal Form.

b. Limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

c. Individual shall show the Proposer’s name and business address.

d. Proposal by a joint venture shall be executed by each joint venture member in the manner indicated on the Proposal form. The official address of the joint venture must be provided on the Proposal Form.

4.1.5 All names shall be printed in ink below the signatures.

4.1.6 The Proposal shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which shall be filled in on the Proposal form.

4.1.7 The postal and email addresses and telephone number for communication regarding the Proposal shall be shown.

4.1.8 A Proposer seeking to do business with the County shall, at the time of submitting a Proposal, be appropriately registered with the Department of State in accordance with the provisions of Chapters 605, 607, 617, or 620 Florida Statutes, as applicable. For further information on required filing and forms, please go to the following sites: http://sunbiz.org/index.html or http://www.dos.state.fl.us/doc/index.html.

The Proposal shall contain evidence of Proposer’s authority and qualification to do business in the state or locality where the Project is located or Proposer shall covenant in writing to obtain such qualification prior to award of the Contract and attach such covenant to the Proposal. Proposer’s state contractor license number, if any, shall also be shown on the Proposal Form.

4.2 Response to the RFP shall be submitted in the format described below:

Proposals must be divided as described below and must include the information/documents specified in the applicable tab. Proposals that do not adhere to the following format or include the requested information/documents may be considered incomplete and therefore unresponsive by the County.

The County reserves the right to seek additional/supplemental representation on specific issues as needed. Proposals should be typed. No changes in or corrections to Proposals will be allowed after the Proposals are opened. The signer of the Proposal must declare that the Proposal in all respects fair and in good faith without collusion or fraud and that the signer of the Proposal has the authority to bind the principal Proposer.

The County will not be liable for any costs incurred by Proposer prior to entering a contract. Therefore, all Proposers are encouraged to provide a simple, straightforward, and concise description of their ability to meet the RFP requirements.

PROPOSAL CONSTRUCTION

Proposer will construct its Proposal in the following format as outlined below, and a divider must separate each tab as prescribed.

TAB 1 – PROPOSAL TRANSMITTAL FORM ON THE PROPOSER’S LETTERHEAD (FORM NO. 1)

All signatures must be by an individual with authority to legally bind the Proposer, witnessed, and corporate and/or notary seal (as applicable.) If the individual signing the Proposal Transmittal Form does not have apparent authority to legally bind the Proposer, attach documentation demonstrating such authority. The corporate or mailing address must match the company information as it is listed on the Florida Department of State Division of Corporations. Attach a copy of the webpage(s) from http://www.sunbiz.org as certification of this required information. Verify that all addenda and tax identification number have been provided.

TAB 2 – EXECUTIVE SUMMARY AND QUALIFICATION APPLCATION (FORM NO. 2)

This summary should be no more than three (3), front and back, pages. Include Form No. 2, Qualification Application and Questionnaire. The proposing firm must provide information indicative of experience on other projects of similar complexity that demonstrate successful and reliable experience in past performance within the last seven (7) years as related to this Proposal.

TAB 3 – LETTERS OF REFERENCE (FORM NO. 3)

Include three reference letters from similarly situated communities or local governments dated 2015 or later. Letters must be on the entities letterhead and signed by an authorized official and include a brief description of the project and results, date of the project and name of contact person, e-mail, and phone number.

TAB 4 – KEY STAFF

Include a summary of leadership and key staff, their role and experience that will be assigned to work with the County. Include behind the summary a resume of each staff listed in the summary with relevant information to the services be requested (limit one page, front and back, per person). Provide an organizational chart, resumes, and summary of staff qualifications. Demonstrate current capacity and current expertise in food preparation and food service, including capacity to prepare and serve food in emergency conditions. Proposer will also provide the name and location of the proposed:

a. Food preparation site

b. Principal in charge

TAB 5 – TECHNICAL PROPOSAL

Provide a description of the Proposer's approach to the project that explains how Proposer intends to comply with and meet anticipated deliverables, including implementation of the RFP Scope of Services, commitment to providing services requested, anticipated resources, staffing levels, food delivery and preservation, and equipment. Technical proposals should include details regarding preparation of meals, meal services, delivery of boxed meals, and ratio of personnel per person served. Technical proposals will include a proposed timeline demonstrating how company will mobilize, stage, and provide all required services within 24-hours of the County’s issuance of a notice of required services. Technical proposals must include Proposer’s meal cancellation policy and current health inspection records. Finally, technical proposals must provide seven days’ worth of sample menus representative of the food to be served with all services.

TAB 6 – CAPACITY

Capacity to perform services timely for the County is critical and could be impacted by other obligations firms may have in the general area. Provide a listing of all active or pre-event debris contracts with cities, counties, or other entities. Provide current obligations of Respondent, including time schedules and staff committed.

TAB 7 – COST PROPOSAL (FORM NO. 16)

Each Proposer must complete and submit the Cost Proposal Form set forth in Form No. 16.

TAB 8 – REQUIRED FORMS DOCUMENTS AND CERTIFICATIONS

The following forms must be fully filled out and signed by a person with authority to bind the Proposer:

Please note any concerns with the proposed contract on Form No. 15. Any comments that are included on this form regarding the contract documents will be forwarded to the legal department for review. The County’s acceptance of comments does not guarantee any revision to the contract documents. Comments not included on this form WILL NOT be considered. Please indicate NONE or Not Applicable (N/A) if there are no comments on the proposed contract documents.

SECTION 5.0 PROPOSAL OPENING

5.1 All Proposals will be opened on the date and time indicated in Section 1.0, Schedule of Events (i.e., date Proposals are due) or as modified by Addendum.

SECTION 6.0 EVALUTION OF PROPOSALS AND SELECTION PROCESS

6.1 Proposals submitted to this RFP that satisfy the required qualifications and are deemed to be submitted by responsive and responsible Proposers shall be ranked by a Selection Committee, which shall consist of the County Manager, the Director of the Solid Waste and Recycling Department, the Director of the Jefferson County Division of Emergency Management, and the County Budget Director.

6.2 The County reserves the right to reject any or all Proposals, including without limitation, nonconforming, nonresponsive, unbalanced or conditional Proposals. The County further reserves the right to reject the Proposal of any Proposer whom it finds, after reasonable inquiry and evaluation, to be non-responsible. The County also reserves the right to waive all informalities not involving price, time or changes in the Services and to negotiate contract terms with the Successful Proposer.

6.3 More than one Proposal for the same Services from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Proposer has an interest in more than one Proposal for the Services may be cause for disqualification of the Proposer and the rejection of all Proposals in which that Proposer has an interest.

6.4 The County may conduct such investigation as it deems necessary to establish the responsibility, qualifications, and financial ability of Proposers, proposed subcontractors, suppliers, individuals or entities to perform the Services in accordance with the Contract document.

6.5 In ranking Proposals the Selection Committee shall evaluate the Proposals on the basis of the information provided by the Proposer, and rank each Proposal for compliance with the qualifications of each Proposer and compliance with the mandatory requirements of the RFP. The County reserves the right to award to more than one Proposer.

6.7 Proposers may be selected for interviews or oral presentations (shortlisted). The County makes no commitment to any Proposer to this RFP beyond consideration of the written response to this RFP. All Proposers will be notified of the shortlisted and non-shortlisted Proposers as well as the date, time, and location of interviews and/or oral presentations, if necessary. The County's request for an oral presentation shall in no way constitute acceptance of a proposal or imply that an agreement is pending. The County reserves the right to award the opportunity to provide the services specified herein based on initial proposal submissions without oral presentations.

6.8 The Proposals deemed best by the selection committee shall be presented by the County Manager in the form of an Agenda Request to the Jefferson County Board of Commissioners, who shall either accept or deny the recommendation of the selection committee as presented by the County Manager.

7.2 The construction, interpretation, and performance of this RFP, and all transactions under it shall be governed by the laws of the State of Florida and Jefferson County. The Contract shall include all terms and conditions of this RFP, any addenda, response, and the County’s contract issued as a result of this RFP.

7.3 The County reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof. The County reserves the right to reject any and all Proposals or to waive any minor irregularity or technicality in the Proposals received. Award will be made to the lowest responsible and responsive Proposer(s) within the category chosen for basis of award. The County reserves the right to award to one or multiple Proposers at its discretion.

7.4 The Successful Proposer will be required to assume responsibility for all services offered in the Proposal. The County will consider the Successful Proposer to be the sole point of contact with regard to contractual matters, including payment on any or all charges.

7.5 After successful posting of the award for 72 hours, negotiation of a final Contract, and approval of award by the Board of County Commissioners, the Successful Proposer will be required to enter into the Contract with the County.

SECTION 8.0 STANDARD TERMS AND CONDITIONS (STAC)

0. Definitions

0. Florida Public Records Law and Confidentiality

0. Construction and Venue

0. Contract

0. Term of the Contract and Termination

0. Insurance Requirements and Bond Requirements

0. Non-Appropriation of Funds

0. Authority to Piggyback

8.1 Definitions

General terms used throughout this RFP are provided below. Additional definitions may be provided as applicable to a specific section or subject matter.

Work or SOW means the scope of work and/or services.

8.2 Florida Public Records Law and Confidentiality

Venue for all actions arising under the RFP and subsequent Contract shall lie in Jefferson County, Florida, United States.

8.4.2 Any exceptions to the proposed Contract must be noted in proposal response in Form No. 15 – Comments on Proposed Contract. The County is under no obligation to modify the proposed Contract to conform to the Successful Proposer’s Contract exceptions. Contingent Proposals will not be accepted. If acceptance of the Contract Award is contingent on an exception and modification to the Contract, the Proposer must provide this information to the County at the time of submission of technical questions, as outlined in the Schedule of Events in order to obtain a determination from the County regarding the proposed exception. If a Proposer’s exception and modification are rejected by the County during the technical question portion of the Proposal process and the Proposer later submits a Proposal, Proposer shall be deemed to have accepted this Contract provision.

8.5 Term of the Contract and Termination

8.5.1 The term of the Contract shall begin no sooner than the later of the dates executed by both Parties and shall be effective for an initial term of three (3) years, with two (2) optional renewal terms of one (1) year each.

8.5.2 The County may, at any time, without cause, order Respondent in writing to suspend, delay or interrupt the work in whole or in part for such period of time as the County may determine, or to terminate all or a portion of the Contract for the County’s convenience. Upon such termination, the Contract Price earned to the date of termination shall be paid to Respondent, but Respondent waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the County orders a suspension, the Contract price and Contract time may be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by reason for which Respondent is responsible; or that an equitable adjustment is made or denied under another provision of this Contract.

As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at its sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the County a certificate of insurance evidencing such coverage. The Contractor’s insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under this Agreement. All insurance policies shall be through insurers authorized or eligible to write policies in the State of Florida and possess an A.M. Best rating of A-, VII or better, subject to approval by the County’s Risk Manager.

The coverages, limits, and/or endorsements required herein protect the interests of the County, and these coverages, limits, and/or endorsements shall in no way be required to be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposures, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the County’s review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement.

The following insurance policies and coverages are required:

8.6.2 Commercial General Liability

Coverage must be afforded under a Commercial General Liability policy with limits not less than:

Policy must include coverage for contractual liability.

The County, its officials, employees, and volunteers are to be included as an additional insured with a CG 20 26 04 13 Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the County, its officials, employees, and volunteers.

8.6.3 Business Automobile Liability

Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident.

8.6.4 Workers’ Compensation and Employer’s Liability

Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the County must provide Workers’ Compensation insurance. Exceptions and exemptions will be allowed by the County’s Risk Manager, if they are in accordance with Florida Statute.

The Contractor waives, and the Contractor shall ensure that the Contractor’s insurance carrier waives, all subrogation rights against the County and the County’s officers, employees, and volunteers for all losses or damages. The County requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.

The Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones Act, if applicable.

The Certificate Holder should read as follows:

Jefferson County Bocc

The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the County as an Additional Insured shall be at the Contractor’s expense.

If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement.

The Contractor’s insurance coverage shall be primary insurance as respects to the County, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees, or volunteers shall be non-contributory.

Any exclusion or provision in any insurance policy maintained by the Contractor that excludes coverage required in this Agreement shall be deemed unacceptable and shall be considered breach of contract.

Any lapse in coverage may be considered breach of contract. In addition, Contractor must provide to the County confirmation of coverage renewal via an updated certificate of insurance should any policies expire prior to the expiration of this Agreement. The County reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies.

The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement to the Contractor’s insurance company or companies and the County’s Risk Management office, as soon as practical.

8.7 Non-Appropriation of Funds

In the event no funds or insufficient funds are appropriated and budgeted by the County or are otherwise unavailable for fulfilling the requirements of the Contract, the obligations of the County shall terminate on the last day of the fiscal period for which appropriations are received, without penalty or expense to the County of any kind whatsoever. County will immediately notify the Contractor or its assignee of such occurrence. In the event of such termination, the County agrees to peaceably surrender possession of the equipment to the Contractor or its assignee on the date of such termination to the extent that such equipment has not been paid for by the County. The Contractor will be responsible for packing all equipment and any freight charges.

The County will not cancel if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the equipment or other equipment performing similar functions for the current fiscal period in which the termination occurs or the next succeeding fiscal period thereafter and that it will not, during the funding period, give priority to other functionally similar equipment or services.

The Contractor shall covenant and agree to indemnify and hold County harmless against any loss, damage liability, cost, penalty or expense, including attorney's fees, which it is not otherwise agreed to by the County in the equipment Contract and which is incurred and arises upon a failure of the County to appropriate funds in the manner described herein for a continuation of the Contract or exercise of the option to purchase the equipment.

8.8 Authority to Piggyback

All respondents submitting a response to this Request for Proposal agree that such response also constitutes a proposal to all governmental agencies under the same conditions, for the same contract price, and for the same effective period as this proposal, should the respondent feel it is in their best interest to do so.