RFP-22-39.pdf

Office of Procurement

June 21, 2022

REQUEST FOR PROPOSALS

RFP-22-39

Sealed responses will be received by the City of Winter Haven until 2:00 P.M., July 14, 2022, at our online solicitation platform, Mercell, for:

“Medical Services – Continuing Contract”

The City is requesting responses from those qualified firms with previous experience in this type of work. Firms submitting responses shall provide evidence of their experience and expertise in similar work performed.

Public Records – It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency / Fla. Statute

– 119.01(1). (Do not submit any documents that you do not want to be made public).

Questions concerning this bid must be submitted on or before 2:00 p.m.,July 6, 2022, to Shawn Dykes at sdykes@mywinterhaven.com . Questions received after this time may not be answered.

The responses shall be furnished in accordance with the RFP, requirements, and any other documents prepared for this bid. W-9 should be attached to the bid when returned by the responding vendor. Payment will be rendered to the name and ID appearing on the W-9.

The City of Winter Haven reserves the right to reject any and all responses, to waive informalities, to re-advertise, and to enter into a contract determined to be in its best interest, in accordance with the documents referenced herein above.

Sincerely, CITY OF WINTER HAVEN

Bethany Owen Bethany Owen Procurement Manager mailto:sdykes@mywinterhaven.com

LEGAL ADVERTISEMENT

REQUEST FOR PROPOSALS

RFP-22-39

The City of Winter Haven will receive sealed responses until 2:00 P.M., July 14, 2022, at our online solicitation platform, Mercell, for:

“Medical Services – Continuing Contract”

Prospective bidders may obtain copies of the RFP at: https://app.negometrix.com/buyer/690

Advertise: June 22 https://app.negometrix.com/buyer/690

RFP-22-39 Submittal Cover Page

Date

Name of Company

Authorized Signature

Printed Name Title/Position

Physical Address

City State Zip

Email address

Telephone Number / Fax Number

Received Addenda #’s___________________________________________________________

List all “Professional Association/Sub-Consultants’ (companies that you will be in association with for this project):

Key Team members and addresses of principal office:

RFP-22-39

MEDICAL SERVICES

SPECIFICATIONS

Purpose and Intent:

To seek and contract with a state certified and properly licensed physician or physician group fully equipped and willing to provide the City’s medical service needs on a recurring, as-needed and requested or specialty basis.

Background:

The City of Winter Haven requires the provision of varied medical services for new and incumbent fire, police, and general service employees. Medical services for new or incumbent employees consist of, but are not limited to, post-offer of employment physical examinations with controlled substance screening and TB testing; fit-for-duty, return to work and reasonable accommodation physical examinations; random, reasonable suspicion and post-accident controlled substance and alcohol testing, during regular business hours and after hours, as necessary; various immunizations and immunity testing and the initial assessment and treatment of reported work related injuries or illnesses.

Physical examinations of new and incumbent employees are conducted for the purpose of confirming an individual is presently able to perform the essential job functions and responsibilities, with or without an accommodation, and without direct threat or risk to the health and safety of the candidate or others. Physical examinations also serve as a means to certify employees can work under various hazardous conditions such as in the case of firefighting and asbestos removal. The purpose of the controlled substance screening is to rule out the use of illegal controlled substances and ensure compliance with the City’s Drug-Free Workplace Policy. The prompt and proper care of work related injuries and illnesses facilitates employees return to work, case management, and the award of benefits if such is necessary.

To maintain a safe and healthy work environment, incumbent employees in certain job classifications are afforded the opportunity to receive various types of immunizations and immunity testing at the City’s expense. Other medical services, including tuberculosis screening, assorted on-site health assessments, flu shots, and an annual employee health fair are some of the other benefits the City provides as part of its health and wellness program.

The City relies heavily upon its medical service provider for guidance, direction and advice on occupational safety and health programs and federal, state, and local laws pertaining to law enforcement, firefighter, and general service worker safety and health. The City’s expectation is that the select medical service provider will have a clear understanding of the medical and physical standards, environmental conditions, and physiological and psychological demands placed on its public safety, utility and other workers, and will remain readily available for consultation as requested. Additionally, in the event of litigation, expert medical service provider witness testimony may be required.

Physical Examinations:

A new or incumbent employee’s functional ability and limitations in relation to specific job functions and requirements are to be evaluated, so the physician can determine and advise the

City whether the candidate can perform the particular job with or without accommodation and without direct threat or risk to the health or safety of the individual or others. The City shall provide specific job functions and requirements at the time the physical examination is to be conducted. In the event job functions and requirements are revised and this results in new or different medical or functional testing being required, the fee for such testing, if not already established, will be negotiated.

Post-offer of employment physical examinations shall include, but not necessarily be limited to, the following procedures.

• Complete medical certificate form provided by the City

• Review of specific job functions and requirements

• Pulmonary function test, when specified

• Chest x-ray, when specified

• EKG, when specified

• Back x-ray with range of motion examination and functional capacity, when specified

• General review of systems

• Height, weight, pulse, blood pressure and temperature

• Blood serology, when specified

• Audiometric testing

• Color vision and visual acuity testing

• Urinalysis

• TB skin test

• Urine specimen collection, split-sample method, with Medical Review Officer services for:

o 5 panel Department of Transportation (DOT) drug screen for Amphetamines, Cocaine Metabolites, Marijuana Metabolites, Opiates and Phencyclidine (PCP) o 8 panel Drug Free Workplace drug screen for Amphetamines, Barbiturates, Benzodiazepines, Cocaine Metabolites, Methaqualone, Marijuana Metabolites, Opiates and Phencyclidine (PCP) o 10 panel Drug Free Workplace drug screen for Amphetamines, Barbiturates, Benzodiazepines, Cannabinoids, Cocaine Metabolites, Methadone, Methaqualone, Opiates, Phencyclidine (PCP) and Propoxyphene

Cut-off levels in accordance with DOT criteria shall apply to those required to possess a commercial drivers’ license and the Department of Health and Human Services (HHS) criteria shall apply to all other drug screenings. All positive screenings are to be confirmed by Gas Chromatography/Mass Spectrometry testing.

• Review and comment on any material received as a result of medical inquiry related to conditions reported or discovered.

• Determine the candidate’s ability to perform job requirements.

Note: Post offer of employment physicals for those required to have a Commercial Driver’s License (CDL) as a condition of employment shall undergo a DOT physical.

Fit-for-duty, return to work and reasonable accommodation physical examinations shall include, but not necessarily be limited to, the following procedures:

• Review of completed medical certificate

• Review of any materials received as a result of medical inquiry

• Review of job requirements

• General review of systems

• Height, weight, pulse, blood pressure and temperature

• Range of motion back examination and functional capacity, when specified

• Audiometric testing, when specified

• Color vision and visual acuity testing, when specified

• Other procedures deemed required and which are subject to the City’s authorization.

Note: Urine specimen collection and/or evidential breath testing may be required for some fit-for-duty examinations, but only as ordered by the City.

Controlled Substance Testing:

The physician shall provide controlled substance testing for the City in accordance with the following.

• The physician’s office or clinic shall serve as the laboratory specimen collection site.

• Only certified and appropriately licensed technicians and staff will collect blood, urine, or other specimens.

• All drug and alcohol testing is to be administered in accordance with DOT and HHS standards, and any subcontractors used to collect specimens and perform drug testing shall perform these functions in a manner that is in complete compliance with the respective and applicable agency guidelines.

• The physician must have the City’s approval of the laboratory to be used for drug screening; any change in laboratories is also subject to the City’s approval and the City reserves the right to inspect the medical laboratory at any time. A medical laboratory to be used by the physician shall:

o Be licensed and approved by HHS to analyze specimens for the detection of drugs or alcohol.

o Provide a facility within or in reasonable proximity to Winter Haven, Florida to collect urine, blood, or other specimens.

o Employ certified and appropriately licensed doctors and technicians.

o Practice and adhere to established chain of custody procedures.

o Use immunoassay testing for initial specimen analysis and use the Gas

Chromatography/Mass Spectrometry method to confirm any specimen analysis that tests positive.

o Preserve non-DOT positive test specimens for a period of at least 210 days after a confirmed positive result is mailed or otherwise delivered, and retain positive DOT test specimens for a period of two years.

o Maintain written results of positive tests for a period of two years.

o Provide an expert to testify at judicial proceedings to defend the validity of testing procedures.

• The drug testing process shall entail the following.

o Before specimen collection and testing occurs, the individual to undergo testing is to be provided information considered relevant to the test and given a form that allows for the self-declaration of current or recently used prescription and non-prescription medication and other relevant information; the form should also contain notice of the most common medications, by brand name, common name, and chemical name, which may alter or affect a drug test. The information obtained shall be taken into account in interpreting any positive confirmed test result.

o Urine specimens are to be collected with due regard being given to the individual‘s privacy, yet in a manner which minimizes or prevents specimen substitution or contamination.

o Specimen collection is to be documented and include the labeling of specimen containers, in order to reasonably preclude misidentification of test results.

o Specimens collected are to be of an amount sufficient for two drug tests to be administered; in the case of a DOT test, a “split sample” method is to be used.

o The specimen is to be analyzed initially via use of the immunoassay test; the application of DOT or HHS threshold levels or cut-off limits, whichever is ordered, shall apply. If the immunoassay test results are negative, no further testing is required.

o Positive immunoassay test results are to be confirmed using the Gas Chromatography/Mass Spectrometry (GCMS) method of analyzing the same sample or specimen provided.

o Specimens that produce a positive confirmed result shall be preserved by the testing laboratory for a period of at least 210 days after the confirmed positive results are mailed or otherwise delivered; positive DOT test results are to be maintained for a period of two years.

o The physician shall provide medical review services with respect to positive substance screen results. In the event a tested person refutes or challenges the results and requests a re-test, the physician will arrange for the second specimen to be tested at the person’s sole expense. In the case of non-DOT specimen retesting, the physician will notify the original testing laboratory to forward the chain of custody and urine specimen to another certified, approved laboratory for testing of the same specimen. In the case of a DOT drug screen that indicates the “A” specimen is positive, the original testing laboratory will be notified of the need to test the “B” specimen.

• Evidential breath test devices (EBT’s) are to be used for the initial alcohol testing, except where medically impractical (airway obstructed, unconscious, etc.), and the confirmation test for alcohol shall be made via a blood test.

• At no time is required drug or alcohol testing to interfere with or take precedence over medical treatment being provided.

Medical Service Requirements:

Medical services shall be provided at a designated location agreeable to the City. Medical services must be performed by state certified and properly licensed doctors and technicians.

To the extent that business necessity does not require otherwise, the City shall coordinate examination requests and requests for other medical services in order not to cause undue hardship on the select physician. The City shall arrange for medical services by contacting the physician by telephone or in person. Human Resources staff shall coordinate arrangements for medical services.

The physician shall schedule and conduct post-offer of employment physical examinations within three working days after being notified of a request for the examination. Fit-for-duty examinations shall be scheduled and conducted within two hours of the request, unless otherwise noted. The physician shall provide immediate assessment, care, treatment, and management for work related injuries and illness of City employees. Candidate/employee waiting time at the agreed upon medical service location shall be minimal and no longer than 30 minutes.

A certified physician shall examine, interpret, and record examination findings and data collected on each candidate/employee; reports shall be documented by signature and date.

Chest and back x-rays shall be interpreted by a board certified Radiologist whose report shall accompany the candidate’s medical certificate. When examinations indicate further, non-routine medical tests are required, prior approval for such must be obtained from the City’s Human Resources Division. Office visit notes for work related illness or injury treatment are to be remitted to the City’s Human Resources Division and the City’s Workers’ Compensation Insurer of record the same day treatment is rendered.

It will be the responsibility of the provider to furnish the City with a clear recommendation on the employment, limited employment, non-employment, fit-for-duty, and return to work and/or reasonable accommodation of the candidate/employee for the job in consideration and to determine the conditions under which the candidate might be employed. The physician shall furnish the City’s Human Resources Division verbal notice of the assessment and within three working days is to provide the completed medical certificate and accompanying written laboratory results.

The physician shall provide Hepatitis B immunizations and appropriate immunity testing;

influenza, measles, mumps, rubella; poliomyelitis (polio), tetanus and diphtheria immunizations;

tuberculosis and other medical screenings and consultation services within three working days of the request for that service, unless otherwise agreed upon by the City. Health Fair coordination and participation is to be provided annually at the City’s request. Expert witness testimony is to be provided as needed or scheduled.

Items Provided by the City:

Prior to or at the time individual medical services are to be performed, the City shall furnish the physician the medical certificate form, the established criteria of the candidate’s job requirements, job descriptions, or any other documentation that may be required to facilitate the provision and verification of specified medical services.

Medical Service Projections and Prior Year Experience:

It is difficult to project the City’s medical service needs; however, for information purposes, services received for an October through September fiscal year are outlined as follows.

Post-Offer Physicals Firefighter 5 General Employee 117 Police Officer 12 DOT Physicals 29 Fit-for-Duty Physicals 3 Annual Asbestos Physicals 29 5 Panel Drug Screens (DOT) 79 8 Panel Drug Screens N/A 10 Panel Drug Screens 147

TB Skin Tests 154 Hepatitis B Immunity Tests 31 Breath Alcohol Tests 24 Audio Tests 17 Urinalysis Included with Physical

EKG 17

Back X-rays 12 Chest X-rays 43 Pulmonary Screenings 46 Vaccinations 47 Health Fair Services - Blood Chemistry Profiles – CBC 60

*These numbers can fluctuate, depending on the City’s needs.

Billing:

Billing shall be in accordance with an established and agreed upon fee sheet, a sample of which is attached hereto and labeled Exhibit 1. The physician shall forward monthly, itemized bills for medical services to Human Resources for processing.

Proposal Format:

Proposals should be no more than thirty (30) pages in length, signed by an authorized representative, and include the following:

Overview of the Firm

• Describe the firm, i.e. date founded, ownership, and organization structure

• Identify the medical service team and their qualifications

• Describe federal, state, and local licenses and credentials held

• Disclose known and/or potential conflicts of interest

• Identify expectations of the City as it pertains to providing program services

Expertise and Experience

• Describe the firms’ medical service administration experience

• Identify the number and types of agencies presently served

• Identify the number of public sector governmental entities on whose behalf the firm serves as a medical service provider

• Describe the firms’ administrative and recordkeeping experience and practice to include o the recordkeeping platform/system to be used o the frequency of system testing, and system recovery disaster plan o systems and processes that will ensure data security and the confidentiality and non-release of patient personal health information

Service Rates and Charges

• Using Exhibit 1, define the service fees and charges

• Identify and explain any other fees or expenses that may apply

Availability

• Confirm the ability of to begin rendering medical services October 1, 2022

• Identify hours of operation, to include the availability of and plan for providing after-hours controlled substance testing

• Identify projected service waiting room and responsiveness timelines

• Disclose any known schedule concerns or potential conflicts

References

• Provide three current client references, and

• Provide two former client references.

Proposal Submittal:

The responsibility for completing and submitting sealed proposals by the deadline shall be solely and strictly the responsibility of proposing firms/individuals. The City of Winter Haven shall in no way be responsible for delays caused by the proposer’s internet connectivity issues or any other occurrence.

No proposal shall be withdrawn for a period of 90 days from the date and time of the proposal opening.

All proposals received by the deadline will be screened to ensure qualifications and requirements of the RFP are met. In order for a proposal to be considered, all requested information must be submitted. Incomplete proposals may be subject to disqualification.

The City shall not compensate proposers for preparation of responses to this RFP.

Proposer Eligibility/Qualifications:

A provider of choice must:

• Have five years of experience in the licensed practice of medicine, preferably in industrial or occupational medicine, and shall provide evidence of related expertise and experience

• Be properly credentialed and licensed by the State of Florida

• Be capable of and equipped to perform all aspects of the desired service.

• Comply with all established, new or changed Federal, State and City laws, rules, policies and protocols.

If chosen, the select provider shall also at its sole expense acquire and provide the City proof of insurance of the types and amounts specified below.

Type Amount Workers’ Compensation $500,000 each accident employer’s Comprehensive General Liability $1,000,000 each occurrence Professional Liability $2,000,000 annual aggregate

Such insurance shall be written by a company or companies licensed to do business in the State of Florida. Certificates evidencing the maintenance of said insurance must be furnished to the City for approval prior to commencing services. The insurance certificate shall provide too that no material alteration or cancellation, including expiration and non-renewal, shall be effective until 30 days after receipt of written notice by the City.

Selection Criteria:

After RFP responses are received, a Selection Committee appointed by the City will evaluate the responses in their entirety. Members of the Selection Committee shall include Deputy City Manager T. Michael Stavres, Human Resources Director Shawn Dykes, Police Chief David Brannan, Fire Chief Sonny Emery, and Public Works Director MJ Carnevale or their designee(s). City Commission liaison to be determined.

Respondent provided information shall be the primary basis upon which the short-listing of respondents will occur. Each item within a respondent submittal will be evaluated independently and weighted on a scale as shown below.

Qualifications Points Possible

1. Overview of the Firm 0-15

2. Medical service team and qualifications 0-15

3. Evidence of expertise and experience 0-20

4. Service rates and charges 0-15

5. Client references 0-10

6. Primary Business Location* 0-10

7. Availability to serve 0-10

8. Intent/Capacity to affect the local economy through the use of local labor, vendors, sub-contractors, and resources 0-5

Total Points Possible 100

*If the bidder or service provider’s primary business location is within the City of Winter Haven Utility Service Area, 10 points will be awarded; if located within Polk County, 5 points will be awarded. Refer to item 9) Local Preference, in the attached City of Winter Haven Terms and Conditions – General Provision Clauses for more information regarding the City’s Local Preference Ordinance.

The Selection Committee shall determine from this evaluation the proposer(s) most susceptible of being selected, and interviews may be scheduled thereafter. The date(s) and time(s) of any such presentations or interviews shall be determined solely by the City.

Following this, the Selection Committee may recommend a respondent of choice to the City Manager. If he concurs, the City Manager may present the recommendation to the City Commission for authorization to proceed with negotiating a service agreement for presentation to the City Commission for approval. If authorized, the select proposer will be informed accordingly and the agreement negotiation and development process will ensue.

The selection of a proposer for negotiation shall not be construed as vesting any contractual or other rights of any nature in the proposer. The City shall be the sole judge of proposals and resultant negotiated agreements. Any decisions made by the City shall be in its best interest and likewise deemed final.

Award:

Award is subject to the successful negotiation of a service agreement and the vote of the City Commission to approve and authorize execution of an agreement document.

Service Fees and Charges:

Any fees and charges for services requested and to be rendered shall be subject to negotiation.

There are to be no front-end charges and no back-end charges associated with contract termination.

Duration of Award and Engagement:

The physician or physician group of choice will be issued a letter detailing the start date, rates, and fees for medical services, and confirming the requirements of the RFP will be binding on the select medical service provider.

The term of the agreement is for one year. Upon written mutual consent by both the City and the Consultant, the contract may be extended for two (2) successive two-year periods at the same terms and conditions.

The City reserves the right to cancel the contract at any time should any of the following conditions exist:

• Funds are not appropriated to allow continuance of the contract

• The City changes its requirements or method of operation

• The City no longer has a need for this service

• The City is not satisfied with the level of services provided under the contract or the contractor fails to comply with any terms and conditions outlined in the contract

Non-Exclusiveness:

The select provider must understand and agree that any award resulting from this RFP shall not be construed as an exclusive arrangement and the City may, at any time, secure similar or identical services at its sole option.

Hold Harmless:

The proposer of choice will be recognized as an independent contractor. Additionally, the select provider will be expected to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of the terms and conditions of this RFP and any resultant agreement, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys.

The select provider’s liability shall encompass all attorney fees and costs incurred by the City in the enforcement of this indemnification provision and shall include claims against the City made by the select provider’s employees. The select provider shall waive its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations in this regard shall survive termination of this RFP and resultant agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under the resultant agreement. Nothing contained in the indemnification terms shall be construed to be a waiver of any immunity or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes.

Applicable Law and Venue:

This RFP shall be construed by and controlled under the laws of the State of Florida. Venue for the purposes of any suit, action, or other proceeding arising out of or relating to this RFP shall be exclusively in the Tenth Judicial Count in and for Polk County, Florida.

Other:

The City of Winter Haven, Florida reserves the right to waive informalities; to reject any and all proposals, in whole or part, with or without cause; to re-advertise and to enter into a contract determined to be in its best interest.

In addition to the specifications outlined herein, all City of Winter Haven Terms and Conditions – General Provision Clauses attached hereto shall apply.

This space is intentionally left blank.

Exhibit 1

Sample Medical Service Fee Sheet Fee Post Offer of Employment Examination To include: Height; Weight; Pulse; Blood Pressure and Temperature; Vision; Urine Drug Screen, 10 Panel; TB test and interpretation within 48 to 72 hours; Physical Examination to include review of the job description and essential job functions.

Firefighter Post Offer of Employment Examination To include: Height; Weight; Pulse; Blood Pressure and Temperature; Vision; Audiogram;

Urinalysis; 10 Panel Drug Screen; TB test and interpretation within 48 to 72 hours; Pulmonary Function Test with Interpretation; EKG with Interpretation; Chemistry Profile with CBC; Physical Examination to include review of the job description and essential job functions.

Police Officer Post Offer of Employment Examination To include: Height; Weight; Pulse; Blood Pressure and Temperature; Vision; Audiogram;

Urinalysis; 10 Panel Drug Screen; TB test and interpretation within 48 to 72 hours; Pulmonary Function Test with Interpretation; EKG with Interpretation; Chemistry Profile with CBC; Chest/Back X-Ray; Physical Examination to include review of the job description and essential job functions.

Fit-For-Duty, Return To Work Examination To include: Review of pertinent medical information; Physical Examination to include a review of the job description and essential job functions.

Urine Drug Screening – Collection and Medical Review Services 5 Panel 8 Panel 10 Panel

HHS NIDA/DOT – UDS DOT – FEDERAL CCF

Cannabinoids, Cocaine, Methamphetamine, Opiates, Phencyclidine, MDMA, 6-AM. As of January 1, 2018, the following drugs were added: four semi-synthetic opioids (i.e. hydrocodone, oxycodone, hydromorphone, oxymorphone). Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®.

Alcohol Testing – Breath Blood

Urinalysis Pulmonary Screening Audiometry Screening Chemistry Profile & CBC Flu Vaccination Pneumonia Vaccination EKG with Interpretation Chest X-ray with Interpretation Lumbar Spine with Interpretation - 3 views

5 views

Hepatitis C Surface Antigen Hepatitis B Surface Antigen Hepatitis B Immunization (Series of three injections, cost per injection)

TB Test (PPD) Tetanus Injection Rubella Titer Rubeolla Titer Varicella Titer MMR Injection

Medical Service Fee Sheet (Continued)

Fee

Respiratory FIT Testing FIT Testing and questionnaire with ½ mask

FIT Testing with a full face mask Other Physicals Offered D.O.T. (Urinalysis not included)

Disability Examination Other Services (List separately and specify fee for each.)

After Hours Specimen Collection – In addition to test fee(s)

CITY OF WINTER HAVEN - TERMS AND CONDITIONS - GENERAL PROVISION CLAUSES

(5/20/2022 rfp)

**Effective Immediately, all Contractors providing on-site services will be required to adhere to CDC strategies for employees exhibiting symptoms of Coronavirus COVID- 19: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html , Also reference OSHA fact sheet: https://www.osha.gov/Publications/OSHAFS-3747.pdf **

Bidders are strongly encouraged to furnish all necessary PPE (face covering) for employees working on site.

1) GENERAL CONDITIONS:

Bidders are required to submit their proposals subject to and upon the following express conditions:

a) Bidders shall thoroughly examine the specifications, instructions, all other Contract Documents, visit the site of this project (if applicable) and fully acquaint itself, at its own risk, with all conditions which may affect completion of this project and/or delivery of bid items. Prospective Bidders, subcontractors and suppliers are encouraged to attend a pre-bid conference and site visit if announced in the advertisement for bid and/or included in specifications. Work areas to be examined during the site visit may contain hazardous materials or conditions. Attendees should review the information and safety precautions set forth in the Bid Documents to determine for themselves appropriate protective clothing or equipment.

Attendees further agree to indemnify and hold the City of Winter Haven harmless from any and all claims of personal injury arising from their participation in the site visit.

b) These Terms and Conditions and any contract documents related hereto are subject and subordinate to any existing or future state, federal, or local law, regulation, or written policy, which may be applicable hereto, including any applicable building codes.

c) PUBLIC RECORDS

City and Consultant/Contractor agree that Consultant/Contractor shall comply with Florida’s public records laws to specifically include the following:

Public Records. Consultant/Contractor agrees to:

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

ii) 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 copies within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

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

iv) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Consultant/Contractor or keep and maintain public records required by the public agency to perform the service. If the Consultant/Contractor transfers all public records to the public agency upon completion of the contract, the Consultant/Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant/Contractor keeps and maintains public records upon completion of the contract, the Consultant/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.

https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html https://www.osha.gov/Publications/OSHAFS-3747.pdf

d) IF THE CONSULTANT/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S/CONTRACTOR'S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY’S

CUSTODIAN OF PUBLIC RECORDS AT 863-291-5600; records@mywinterhaven.com; 451 THIRD

ST NW, WINTER HAVEN, FLORIDA 33881.

If the Consultant does not comply with a public records request, City shall enforce the contract provisions which may include immediate termination of contract.

e) It shall be understood and agreed that by the submission of a proposal, the Bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers, or agents from any and all damages that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which articles the Consultant/Contractor is not the patentee, assignee, licensee, or lawfully entitled to sell same.

f) It is the intent of the City of Winter Haven that this Request promotes competitive bidding. It shall be the bidder's responsibility to advise Procurement at the address noted in the solicitation, if any language, requirements, etc. inadvertently limits the requirements stated in this Request to a single source. Such notification must be received in writing by the Procurement Manager not later than ten (10) days prior to the bid opening date.

g) Bidders must possess any applicable business or occupational licenses at the time of submission of the

Bid. The City may request proof of such licensure.

h) The City shall be entitled to rely on the written representations of the Bidder. No claims shall be paid by the City unless in writing and approved by the City. Additionally, sovereign immunity is not waived as to any verbal representations or comments made by the City.

i) Unless detailed elsewhere in the bid documents, proof of insurance naming the City as an additional insured shall be required of the successful bidder (on any project requiring work, labor, and/or installation on City property) with the following minimum coverage: workers compensation, general liability, and automobile insurance in an amount and form acceptable to the City, with limits of no less than one-million dollars.

2) DEFINITIONS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

a) ACCEPTANCE: The Seller shall be bound by the Purchase Order and its terms and conditions when it delivers the goods ordered or render the services ordered by the City.

b) APPLICABLE LAW: Any contract entered into pursuant to this bid shall be construed in accordance with the laws of the State of Florida. Venue for any action or proceeding concerning this contract shall be in the State Courts of Polk County, Florida.

c) CHANGES: The City, without invalidating the Contract, may order changes, including additions, deletions, or modifications. The Parties recognize that said changes may affect price and time for performance, in which event appropriate adjustments will be considered. All such changes in the work shall be authorized in writing, signed by the City Manager or his designee, or the Procurement Manager in a manner consistent with contract documents. The price and the time for performance may be changed only by Change Order Request. By written instructions to the Consultant/Contractor, the City may make minor changes in the work which are consistent with the purpose of the work and which do not change the contract price or time for completion. Procurement is to be notified of any proposed changes in: (a) mailto:records@mywinterhaven.com materials used, (b) manufacturing process, or (c) construction. However, changes shall not be binding upon the City unless evidenced by a Change Order Request issued and signed by the Procurement Manager.

d) CITY: The City of Winter Haven, Florida or its authorized representative.

e) CONTRACT: The Contract executed by the City and the Consultant/Contractor, and shall include all

Contract and Bid Documents.

f) CONSULTANT/CONTRACTOR: The successful bidder who enters into a Contract with the City to complete the project.

g) DEFAULT: Default in promised delivery of supplies, completion of project, or failure to meet specifications authorizes the City to terminate the Consultant/Contractor's right to proceed with the order/work by giving the Consultant/Contractor written notice. The defaulting Consultant/Contractor may, at the discretion of the City, be charged the increase in costs of obtaining the goods/services elsewhere.

h) DOCUMENTS: The Bid Documents consist of the Request, Terms and Conditions, Construction

Agreement, Contract Bond, Special Provisions, Specifications, Technical Specifications, Proposal and Bid Form, Engineering Plans or Drawings prepared for a project, Addenda issued during the bidding period, and Change Orders issued after the Contract is let.

i) INDEMNIFICATION: As specified in the bid documents.

j) INSPECTION: The goods and services purchased are subject to the inspection and approval of the initiating department. The City reserves the right to reject goods and services which do not conform to provisions of the Purchase Order.

k) INSURANCE: As specified in the bid documents.

l) LIMITATION ON MUNICIPAL INDEMNITY: To the extent that the contract or agreement calls for the City to indemnify any party thereto, the following sentence shall be appended to the indemnity and shall control the indemnity as if set forth therein:

i) “Provided, however, that regardless of whether any such obligations incurred hereunder are based on tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the City of Winter Haven under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to section 768.28, Florida Statutes, as that section existed at the inception of this Contract or Agreement.” Provided further, no waiver of the City’s sovereign immunity is intended to be made herein.

ii) The addition of this language shall not be construed to create City indemnifications where none are expressly made in the terms and conditions of the contract or agreement.

m) ONLINE SOLICITATION: The City utilizes an internet based ONLINE SOLICITATION SYSTEM at www.negometrix.com to post solicitation opportunities.

n) PLATFORM: The City’s internet based online solicitation system is identified as and located at https://app.negometrix.com/buyer/690 (Provider). The Platform is utilized by the City and the Suppliers to: 1) allow Suppliers to register and manage their company records; 2) City posts and issues solicitation packages for Suppliers from inception to award of a solicitation; 3) allows Suppliers to submit a response online, electronically, through the Platform; 4) allows Suppliers to view all public record documents related to the Online Solicitation.

File Uploads - All electronic files uploaded must be in a common format accessible by software programs http://www.negometrix.com/ the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Suppliers will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Suppliers will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

o) STATEMENT OF ASSURANCE: No bids submitted shall be considered unless the Bidder warrants that upon execution of a Contract with the City it will:

i) not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, sex, national origin, age, disability, or marital status

ii) will submit such reports as the City may thereafter require to assure compliance.

p) SUB-CONTRACTOR: An individual, firm, company, corporation, association, society or group which enters into a contract with the Consultant/Contractor to do a portion of the work on this project.

q) TITLE: The risk of loss of goods covered by the Purchase Order shall remain with the Seller until the goods have been delivered to a designated site and actually received by the City. Any damage to the material and equipment, or loss of any kind, occasioned in transit shall be borne by the Seller.

r) WARRANTY: The Consultant/Contractor shall not incorporate in the work of a project any materials or equipment subject to a chattel mortgage, a conditional sales contract, or any other agreement permitting a Vendor to retain an interest. The Consultant/Contractor shall warrant clear title to all materials and equipment incorporated in the work; when the project is completed, the Consultant/Contractor shall deliver to the City the improvements it has incorporated free of any lien or claim. The provisions of this section shall be included in all contracts with Vendors and Sub-Contractors. Vendors who furnish materials without a formal contract shall be given notice, by Consultant/Contractor that this provision exists.

3) INTERPRETATIONS OR ADDENDA:

a) No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof--to include any error, omission, discrepancy or vagueness. Every request for such an interpretation shall be made in writing to the City Procurement Manager. Any inquiry received prior to the cut-off time and date for questions will be given consideration. Where necessary, interpretations made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of Procurement. In addition, all Addenda will be posted for review by the General Public on the City’s e-procurement platform: https://app.negometrix.com/buyer/690

b) A notification will be emailed to vendors who are registered for that particular bid on the Mercell platform.

c) The City shall not be responsible for the safe delivery of the Addenda/email notification. It shall be the Bidders' responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether received or not.

4) PROTEST PROCEDURES:

The City of Winter Haven encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner without fear of retribution on the part of a vendor or person, the following shall apply:

a) All formal Invitations To Bid; Request for Proposals and Request for Qualfications shall include the following statement: “NOTE: THE FAILURE TO FOLLOW THE BID PROTEST PROCEDURE

REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY THE

CITY OF WINTER HAVEN, FLORIDA, SHALL CONSTITUTE A WAIVER OF BIDDERS PROTEST

AND ANY RESULTING CLAIMS.”

b) RIGHT TO PROTEST: Any aggrieved, actual or prospective bidder in connection with a solicitation or pending award of a bid or contract may protest to the Procurement Manager.

c) NOTIFICATION: Procurement shall post all recommendations of award available for review by the General Public on the City’s e-procurement platform: https://app.negometrix.com/buyer/690. A notification will be emailed to vendors who are registered for that particular bid on the platform.

d) INITIAL NOTICE: Any person adversely affected by an intended decision or action with respect to the initial recommendation of award of any bid or action shall file with the City’s Procurement Manager a written notice of intent to file a protest. For the purpose of computation, the initial notice of intent to file a protest must be received by the Procurement Manager no later than three o’clock (3:00) p.m. on the third (3rd) workday following the e-mailing date of the notice of the initial recommendation of award (excluding Saturdays, Sundays and legal City holidays). In addition, a non-refundable protest bond (the “Bond”) in the amount of one thousand dollars ($1,000.00) in the form of a cashier’s check payable to the City of Winter Haven must be submitted with the initial notice of intent to file a protest. The initial notice of intent to file protest must be in writing and shall state the basis of the protest (recommendation of award protest or other) and clearly indicate that its purpose is to serve as the initial notice of intent to file a protest.

Failure to clearly indicate its intent or failure to provide a Bond shall constitute a waiver of the right to seek any remedy provided under these protest procedures. Upon the timely receipt of an initial notice of intent to file a protest and the required Bond, the Procurement Manager shall toll (put on hold) any further actions related to the recommendation of award (except as noted below). Should the affected party decide to withdraw its initial notice of intent to file a protest during the tolled action the Bond will be refunded in full. This is the only reason the City will refund the Bond other than a finding in favor of the protestor.

i) If during tolled action, the City Manager determines that an Emergency Purchase is necessary, as defined in this Procurement Manual, action may be taken to secure the goods or services.

e) FORMAL NOTICE: Any person, who has filed an initial notice of intent to file a protest, as described above, shall file a formal written protest within ten (10) calendar days after the date of the filing of the initial notice of intent to file a protest. Any amendment to the formal written protest shall be in writing and received by the Procurement Manager within ten (10) calendar days of the date of the initial notice of intent to file a protest. No amendments to the protest will be allowed after the ten (10) calendars day period has expired. The formal written protest shall contain the following:

i) City bid number and/or title (if applicable).

ii) Name and/or address of the City department, division or agency affected (if known).

iii) The name and address of the affected party, and the title or position of the person submitting the protest.

iv) A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate.

v) Concise statement of the facts alleged and of the rules, regulations, statutes ordinances and constitutional provisions entitling the affected party to the relief requested.

vi) The statement shall indicate the relief to which the affected party deems himself/herself entitled.

vii) Such other information as the affected party deems to be material to the issue.

f) PROTEST MEETING: The Procurement Manager will notify all parties and schedule a protest meeting.

The protest will be presented to the Protest Committee, which shall be made up of three (3) members consisting of the Assistant to the City Manager or designee who will serve as the Chairperson, the Assistant Director of Financial Services or designee and the Procurement Manager or designee. The City

Attorney or designee shall be present and act in an advisory capacity to the Protest Committee. The Protest Committee shall meet with the protesting party within fourteen (14) workdays…