RFP_2526-21 - Disaster Recovery Consultant.pdf

Jackson County RFP 2526-21 - Disaster Recovery Consultant Jackson County

Project documents obtained from www.CentralBidding.com

11-Jun-2026 12:17:19 PM

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JACKSON COUNTY BOARD OF COUNTY COMMISSIONERS — RFP No. 2526-21 Request for Proposals // 2526-21 DISASTER RECOVERY CONSULTANT

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

JACKSON COUNTY BOARD OF COUNTY COMMISSIONERS

PURCHASING DEPARTMENT

2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

REQUEST FOR PROPOSALS

Disaster Recovery Consultant

RFP NO. 2526-21

The County is seeking proposals from a qualified and experienced consultant to assist the county. Applicants must demonstrate the requisite knowledge, experience, technical expertise, and qualifications to perform the services requested under this RFP. The proposal shall be responsive, consistent with the technical format outlined and the appropriate form(s) completed. The selected contractor will be expected to have a working knowledge of all applicable fiscal recovery eligibility criteria required, including, but not limited to, 44 CFR, 2 CFR Part 200 “Super Circular”, FEMA guidelines, FEMA DAP 9500 series, Housing and Urban Development (HUD), Federal Highway Administration (FHWA), and any other applicable local, state, and federal laws and regulations

RFP Number 2526-21

RFP Name Disaster Recovery Consultant

Deadline Thursday, July 09, 2026 @ 2:00 PM CENTRAL

Questions Due Monday, June 22, 2026 @ 2:00 PM CENTRAL

Point of Contact Tyler Schaeffer — schaeffert@jacksoncountyfl.gov

WE DO INTEND TO PARTICIPATE IN THIS PROPOSAL REQUEST

We DO NOT intend to participate in this proposal request;

However, we would like to remain on the Jackson County Vendor listing.

THIS PROJECT DOES NOT REQUIRE A CONTRACTOR PRE-BID MEETING N/A

Company Name: __________________________________________________

Address: ____________________________________________________

City: ____________________________ State / Zip Code: __________________

Phone Number: ______________________ Email: ___________________________________

Contact Person: _____________________________________________

Printed Name:

Signature: ____________________________ Date: ______________

Please return this Invitation to Participate immediately upon receipt. This form can be sent via email to schaeffert@jacksoncountyfl.gov.

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Table of Contents

Instructions to Proposers 3 Introduction 3 Qualification 3 Proposal Deadline / Delivery 3 Proposal Documents 3 Point of Contact 3 Questions 3 Addenda 3 Proposal Form 4 Withdrawal of Proposal 4 Cancellation 4 Basis of Award 4 Right to Reject 4 Execution of Agreement 4 Licensing 4 Exemption of Meetings / Presentations 4 Representations 5 Subcontractors 5 Protest 5 Anticipated Schedule 5 Required Proposal Information 6

Proposal Checklist Attachment 1 — Required Proposal Forms 7

Proposal Form 9 Addendum Acknowledgement 8 Anti-Collusion Clause 9 Conflict of Interest Disclosure Form 10 Identical Tie Bids / Drug-Free Workplace 11 Exhibit 1 — General Terms and Conditions 12 Exhibit 2 — Scope of Work 21 Exhibit 3 — Contractor's Response to RFP 2526-21 24 Exhibit 4 — Jackson County Insurance Requirements 25

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

INSTRUCTIONS TO PROPOSERS

Some of the instructions below may not apply to all projects.

The scope of work/specifications shall control any conflicting provisions.

Introduction The Jackson County Board of County Commissioners is requesting sealed proposals to competitively procure the services of a Disaster Recovery firm to perform various tasks as outlined for Disaster Recovery Services pertaining to tracking the County’s disaster-related expenses, maintaining appropriate documentation, and planning the most effective strategies for recovery throughout all the phases of a disaster. It is the intent of the County to select and negotiate one contract with a firm that meets the requirements outlined in this RFP.

Qualification Contractors and Contractor Staff/Firm shall be licensed, certified, or otherwise authorized to perform this type of work.

Proposals may be deemed non-responsive if not accompanied by proof of licensure.

Proposal Deadline / Delivery SEALED PROPOSALS for RFP NO: 2526-21 Disaster Recovery Consultant will be received and accepted by the BOARD OF COUNTY COMMISSIONERS OF JACKSON COUNTY, FLORIDA at the Purchasing Department 2864 Madison Street, Marianna, FL 32448 up until 2:00 pm (Central) Thursday, 07/09/2026. Sealed submittals must include one (1) original, and five (5) copies. Additionally, one electronic copy must be submitted by USB drive or centralbidding.com. Proposals shall be enclosed in a sealed envelope bearing the title of the work, the name of the proposer and the date for opening. It is the sole responsibility of the proposer to ensure that the proposal is received on time. Proposals will be publicly opened immediately following the deadline. Each proposal shall be valid to Jackson County for a period of ninety (90) days after the proposal opening.

Electronic Proposals may be submitted at Central Bidding (www.centralbidding.com).

REMINDER: Proposers must also send one (1) original and five (5) paper copies.

Special Accommodation: Any person requiring a special accommodation at a proposal opening because of a disability should call the Purchasing Department at (850) 482-9633 at least five (5) workdays prior to the Proposal opening.

Proposal Documents Specifications and official RFP Documents can be accessed online at Central Bidding (www.centralbidding.com). For questions related to the electronic proposal process, please call Central Bidding at 225-810-4814. Electronic proposals may be submitted at Central Bidding (www.centralbidding.com).

Solicitation documents or other materials may also be obtained from the Jackson County Purchasing Department, 2864 Madison Street, Marianna, FL 32448

For those projects with materials that cannot be accessed through the internet, the Purchasing Department will make a good faith effort to ensure that all registered proposers (those who have been registered as receiving a proposal package) receive the documents.

Point of Contact The County Purchasing Department will be the only point of contact for this RFP. Under no circumstances may a proposer contact any County Commissioner, County Administrator, or County employee concerning this RFP until after award. Any such contact may result in disqualification.

Questions Proposers shall submit all questions, in writing, to the Purchasing Department at schaeffert@jacksoncountyfl.gov. All questions shall be submitted no later than 2:00 pm (Central) on Monday, 06/22/2026.

Addenda If any addenda are issued after the initial specifications are released, the County will post the addenda at www.centralbidding.com.

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

It is the responsibility of the proposer prior to submission of any proposal to check the above website(s) or contact the Purchasing Department to verify any addenda issued. The receipt of all addenda must be acknowledged on the addenda response sheet.

Proposal Form To receive consideration, all proposals shall be made on the forms provided, properly executed and with all items filled out. Do not change the wording of the Proposal Form and do not add words to the wording of the Proposal Form. No conditions, limitations or provisions will be attached or added to the Proposal Form by the proposer.

No proposer shall be permitted to correct a proposal mistake after proposal opening that would cause such proposer to have the best proposal, except for the correction of errors in extension of unit prices in the proposal. In such cases, the unit price proposal shall not be changed and shall prevail.

Withdrawal of Proposal Any proposer may withdraw their proposal, either personally or by written request, at any time prior to the scheduled time for opening proposals. No proposer may withdraw their proposal for a period of 90 days after the date for opening and all proposals shall be subject to acceptance by the County during this period.

Cancellation The County may cancel this RFP, or reject in whole or in part, when it is in the best interests of the County, as determined by the Board of County Commissioners. Notice of cancellation shall be posted on the County website. The notice shall identify the solicitation, and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar items.

Basis of Award The contract will be awarded to that proposer whose submittal complies with all material requirements set forth in this RFP that is selected by the Board of County Commissioners as the most highly qualified proposer who submits pricing and qualifications that are determined to be fair and reasonable.

Right to Reject

a) reject any or all submittals received;

b) select and award any portion of any or all submittal items;

c) waive minor informalities and irregularities in the proposer's submittal.

A Proposal may be rejected if it is non-responsive or does not conform to the requirements and instructions in this RFP.

A Proposal may be non-responsive by reasons, including, but not limited to, failure to utilize or complete prescribed forms, conditional Proposals, incomplete Proposals, indefinite or ambiguous Proposals, failure to meet deadlines and improper and/or undated signatures. Other conditions which may cause rejection of Proposals include evidence of collusion, obvious lack of experience or expertise to perform the required work, submission of more than one Proposal for the same work from an individual, Proposer or corporation under the same or a different name, and/or failure to perform or meet financial obligations on previous contracts. Proposals may be rejected if not delivered on or before the date and time specified as the due date for submission of the Proposal.

Execution of Agreement The successful Firm shall, within 10 days after receipt of the Notice of Award and the contract forms or documents, sign and deliver to the County Purchasing Director all required contract documents. The awarded Contractor shall also deliver the policies of insurance or insurance certificate as required. All insurance documents shall be approved by the Jackson County Risk Management Office before the successful Firm may proceed with the work.

The execution of the contract shall be contingent upon awarded contractor obtaining all applicable building permits.

Licensing Proposer shall be properly licensed for the work specified in this solicitation. All proposers are requested to submit any required license(s) with their proposal. License(s) must be effective as of the proposal opening date and must be maintained throughout the contract period. Failure to be properly licensed as stated above will result in the rejection of the proposal as nonresponsive.

Exemption of Meetings / Presentations Pursuant to Florida Statute section 286.0113(2), any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633 solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from public meeting requirements. However, the County must make a complete recording of any portion of an exempt meeting and no portion of the exempt meeting may be held off the record. The recording of, and any records presented at, the exempt meeting are exempt from the public records law of section 119.07(1), Fla. Stat. (2015) and section 24(a), Art. I of the State Constitution, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, submittals, or final replies, whichever occurs earlier. If the County rejects all bids, submittals, or replies and concurrently provides notice of its intent to reissue a competitive solicitation, the recording and any records presented at the exempt meeting remain exempt from section 119.07(1), Fla. Stat. (2015) and section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial agency notice rejecting all bids, submittals, or replies.

Representations The contract documents contain the provisions required for the project. Information obtained from an office, Director, or employee of the County for any other person shall not affect the risks or obligations assumed by the bidder or relieve the bidder from fulfilling any of the conditions of the contract.

Subcontractors The Contractor will be the prime service provider and shall be responsible for all work performed and contract deliverables. Proposed use of subcontracts should be included in the Proposer's Response. Requests for use of subcontractors received subsequent to the solicitation process are subject to review and approval by the County.

The County reserves the right to request and review information in conjunction with its determination regarding a subcontract request. All subcontractors are subject to the same requirements of this solicitation as the awarded contractor.

Direct Purchases Under a direct purchase arrangement, the County shall purchase eligible materials directly from identified vendors.

Direct purchases shall be addressed in bid specifications and contracts as applicable.

The Prime Contractor shall coordinate delivery, storage, and installation of County-purchased materials as specified in the contract.

Payment Practices The Jackson County Board of County Commissioners (BOCC) meets on the second and fourth Tuesday of each month, and all vendor payments require BOCC approval before payment may be issued. Invoices must be submitted a week prior to provide County Administration and Finance with enough time to review and process before each meeting;

invoices not received by the deadline or that require additional review time will roll to the next cycle. Checks are typically issued within three business days after BOCC approval and made available for pickup or mailed to the address on file.

These terms also apply to all direct County purchasing. Contractors responding to County solicitations are responsible for ensuring their subcontractors and suppliers understand and can accommodate this payment schedule.

Protest A notice of protest must be submitted in accordance with Jackson County Purchasing Policy

The protest must be in writing, via e-mail or letter and must identify the protester and the solicitation and shall include a factual summary of the basis of the protest. The notice of protest is considered filed when it is received by the purchasing department. Further information can be found in the Jackson County Purchasing Policy.

Anticipated Schedule This schedule may be altered solely at the County's discretion:

RFP Advertisement Thursday, 06/11/2026

Questions Due Date Monday, 06/22/2026

Proposal Deadline Thursday, 07/09/2026

Board Award Meeting Tuesday, 07/28/2026

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Required Proposal Information State the full legal name and organizational structure of the firm. Include the business address, phone number and realtor(s) to be assigned to the Board of County Commissioner's account. Indicate and discuss the location of your office and the distance of said location from Marianna, Florida.

State whether the applicant is in good standing with the State of Florida Department of Business & Professional Regulation and registered as a broker or realtor in the state of Florida.

Explain how the County will be kept informed in a timely manner of any changes that affect its operation.

Provide at least three (3) professional references with the contact person's mailing addresses and telephone numbers.

It is preferred that said references can speak to your history in working with sale of bulk or surplus properties or experience with government agencies.

Disclose any current or past employment or contractual relationship with the County, any County employee or Board Member. Disclose any potential conflict of interest not identified above.

Submit any additional information not specifically requested herein above that you deem pertinent to the RFP.

Please submit the items on the following list and any other items required by any section of this request for proposals.

The checklist is provided as a courtesy and may not be all inclusive of items required within this Request for Proposal.

ONE ORIGINAL, FIVE COPIES, AND ONE ELECTRONIC SUBMISSION

• Proposal Form

• Addendum Acknowledgement

• Anti-Collusion Clause

• Conflict of Interest Disclosure Form

• Identical Tie Bids / Drug Free Workplace

• Contractor's License

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Required Proposal Forms

RFP NO: 2526-21

Name of Proposer (hereinafter called "PROPOSER"): ____________________________________

State of organization: ______________________ Business type (corporation / partnership / individual):

is hereby submitted to the Board of County Commissioners, Jackson County, hereinafter called "OWNER."

In compliance with the Advertisement for Proposals, PROPOSER hereby proposes to perform all work, as detailed in this bid.

By submission of this PROPOSAL, each PROPOSER certifies, and in the case of a joint PROPOSAL each party thereto certifies as to its own organization, that this PROPOSAL has been arrived at independently, without consultation, communication or agreement as to any matter relating to this PROPOSAL with any other PROPOSER or with any other competitor.

Contractor agrees to perform the entire work as indicated on the drawings and in compliance with the Contract Documents and Specifications, complete in every detail.

Submitted By (Name of Firm / Contractor): ______________________________________

Proposal Prepared By (Name of Individual): ______________________________________

Contact Email: _____________________________________________

Address: __________________________________________________

Phone: __________________________________________________

General Contractor's License No.: ____________________________________

Signature of Authorized Representative:

Date:

SEAL: (If proposal is by Corporation)

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Addendum Acknowledgement I acknowledge receipt of the following addenda:

Addendum No. Dated:

Addendum No. Dated:

It is the responsibility of the firm to ensure that they have received addendums if issued. Call (850) 482-9633 and ask for Tyler Schaeffer or email schaeffert@jacksoncountyfl.gov prior to submitting your bid to ensure that you have received addendums.

Name of Firm: ________________________________________________

Authorized Signature: ______________________________________

Printed Name: ________________________________________________

Title: ____________________________________________________

Date: __________________________________________________

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Anti-Collusion Clause Firm certifies that their response is made without prior understanding, agreement or connection with any Corporation, Firm or person submitting a response for the same services and is in all respects fair and without collusion or fraud.

Printed Name: ________________________________________________

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Conflict of Interest Disclosure Form For purposes of determining any possible conflict of interest, all firms, must disclose if any Jackson County Board of County Commissioner(s), employee(s), elected officials(s), or any of its agencies is also an owner, corporate officer, agency, employee, etc., of their firm.

Indicate either "yes" (a county employee, elected official, or agency is also associated with your firm), or "no". If yes, give person(s) name(s) and position(s) with your firm.

YES ___________ NO ___________

NAME(S): _______________________________________________________

POSITION(S): _______________________________________________________

Printed Name: ________________________________________________

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Identical Tie Bids / Drug-Free Workplace Certification Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals, which are equal with respect to price, quality, and service, are received by the County for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied firms have a drug-free workplace program.

To have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify the following: (Check one and sign in the space provided.)

This firm complies fully with the above requirements.

This firm does not have a drug free workplace program at this time.

Printed Name: ________________________________________________

EXHIBIT 1 — GENERAL TERMS AND CONDITIONS

1) Prospective Bidders must be able to show that they are capable of performing each of the various tasks required by the County. The proposer shall be licensed as a Contractor when required by state law

2) Such license shall be in effect prior to the date and time specified for receipt of bids by the County.

3) Should the bidder to whom the award of contract was made, fail to retain relevant licenses then award will then be given to the next bidder selected by the County with a qualified bid.

4) Contractor Responsibilities

a) The Contractor shall relieve the County from any and all claims arising from claims by holders of trademarks, patents or copyrights used or incurred by the Contractor in performing the work.

EVALUATION/SELECTION OF PROPOSALS — A Review Committee will evaluate all proposals as described below:

1. The Committee will evaluate the proposals which meet the minimum submission criteria based upon qualifications and conduct discussions with those firms deemed to be the most qualified to provide the services requested. Each of the firms will be required to execute the Truth-in-Negotiation certificate as defined in Florida Statutes 287.055. Selection as best qualified will be based on the following considerations:

a) Responsiveness of the proposal clearly stating an understanding of the work to be performed for the County.

b) Firm's reputation and competence, including an understanding of the work to be performed for the County.

Submission of Firm/Personnel Biography's will be used to determine this.

c) Financial responsibility.

d) Past record of professional accomplishments.

e) Qualifications of personnel assigned to the program.

f) Firm's capability to meet schedules.

2. Review of all proposals received will proceed as follows:

a) The Review Committee will review all written documents submitted.

b) The Committee's ranking of prospective firms shall be based on the firm's capabilities, ability, adequacy of personnel, past record, recent experience, and current workload.

3. The Selection Committee shall not have the authority to disqualify any proposal and their input shall be advisory only.

The final decision on the selection of the firm shall be made by the Board of County Commissioners.

4. Presentation of the rankings, selections, agreements, and proposed contracts will be made to the Jackson County Board of County Commissioners in accordance with the Purchasing Department's policy related to the acquisition of services.

5. No Contact Clause — Direct or indirect contact with any of the Review Committee members is NOT allowed. The Jackson County Board of Commissioners have established a solicitation policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Request for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. Selection will be based on professional qualifications and experience.

For bidders' convenience, this certification form is enclosed and is made a part of the bid package.

6. Upon approval of the agreement by the Board, execution of a formal written agreement prior to commencement of the work associated with the contract. The contract shall be for a five-year term with a 30-day without cause termination clause.

7. Negotiations between the County Administrator and the priority vendors (the vendors ranked highest on the Board approved short list) will proceed as follows:

a) Negotiations will be held with the highest ranked vendor on the priority list.

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

b) If no tentative agreement can be reached with the first vendor, then negotiations will commence with the second vendor on the short list.

c) If no tentative agreement can be reached with the second vendor, then negotiations will commence with the third vendor.

d) If no tentative agreement is reached with the third vendor, then the Committee shall return to the Board to report such and recommend that a new short list be established from among the other proposal submittals. If for any reason said procedure is not feasible, the Committee shall seek Board approved direction as to how to proceed further.

e) Jackson County reserves the right to negotiate contracts with one or more firms for these services.

PUBLIC ENTITY CRIME INFORMATION

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

The engagement of certain professional services, including those required by this Request for Proposals, is exempt from the provisions of the Administrative Procedure Act, Chapter 120, Florida Statutes, as amended, and therefore are not to be subject to the appeal process therein described at any time during the solicitation period.

RIGHT TO WAIVE & REJECT

1) The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform any Jackson County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner.

2) There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to the proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Jackson County. Jackson County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final.

3) The Board of County Commissioners reserves the right to waive any informalities or reject any or all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgement will best serve the interest of the County.

4) The Board of County Commissioners specifically reserves the right to reject responses that are impossible to determine the true amount of the proposal.

DISQUALIFICATION OF PROPOSER

Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals:

1) More than one proposal for the same work from an individual, firm or corporation under the same or different name.

2) Evidence that the proposer has a financial interest in the firm of another proposer for the same work.

3) Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer.

4) Uncompleted work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded.

5) Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals.

6) Default under previous contract.

DISCRIMINATION

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

REGULATIONS & ORDINANCES

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

The proposer is required to be familiar with all Federal, State, and local laws, ordinances, code rules and regulations that may in any way affect the work. Ignorance on the part of the proposer shall in no way relieve proposer from responsibility.

COMPLIANCE WITH 44CFR and 2 CFR PART 200

Services required may include, but not be limited to, all scope of services needed to be performed, and must be performed in a manner that meets the requirements of the County and any federal, state or local funding agency such as FEMA, FHWA, EPA, HUD/ CDBG-DR, NRCS, CWCB or others when required. Specifically, the Consultant shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances:

Code of Federal Regulations, 44 CFR

44 CFR is available online at: http://www.ecfr.gov/

Code of Federal Regulations, 2 CFR CHAPTER II, PART 200 et.al.

The Consultant must provide compliance with Super Circular “2 CFR Chapter II, Part 200 et.-al” and any future amendments.

2 CFR Part 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT

REQUIREMENTS FOR FEDERAL AWARDS

2 CFR Part 215 – FEMA UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT

ORGANIZATIONS (OMB CIRCULAR A-110)

2 CFR Part 220 - COST PRINCIPLES FOR EDUCATIONAL INSTITUTIONS (OMB CIRCULAR A-21)

2 CFR Part 225 - COST PRINCIPLES FOR STATE, LOCAL, AND INDIAN TRIBAL GOVERNMENTS (OMB

CFR Part 230 - COST PRINCIPLES FOR NON-PROFIT ORGANIZATIONS (OMB CIRCULAR A-122)

2 CFR is available online at: https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1

Additional provisions have been required by Federal awarding agencies that must be included in all contracts involving Federal funds covering the following, as applicable:

1. Suspension and debarment (§200.214)

Consultants with are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, sub awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

2. Prohibition on certain telecommunications and video surveillance equipment or services (§200.216)

a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

1. Procure or obtain covered telecommunications equipment or services;

2. Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or

3. Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:

1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

3. Telecommunications or video surveillance services provided by such entities or using such equipment;

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;

c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained.

e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.

f) For additional information, see section 889 of Public Law 115-232 and § 200.471.

7. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (§200.321)

(a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and requiring the prime Consultant, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

8. Domestic preferences for procurements (§200.322)

The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

9. Procurement of recovered materials (§200.323)

The Solicitor and its Consultants must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633 in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

10. Equal Employment Opportunity Clause (§60-1.4)

During the performance of this contract, the Consultant agrees as follows:

(a) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(b) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(c) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

(d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(e) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(f) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(g) In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(h) The Consultant will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

11. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by

Jackson County Purchasing Dept. • 2864 Madison Street • Marianna, FL 32448 • (850) 482-9633

Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Consultant must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

12. Rights to Inventions Made Under a Contract or Agreement.

If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative

Agreements,” and any implementing regulations issued by the awarding agency.

13. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387)

Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

14. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

15. Compliance with the Copeland “Anti-Kickback” Act

(a) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

(b) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(c) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subcontractor as provided in 29 C.F.R. § 5.12."

PROHIBITION AGAINST CONTINGENT FEES

Florida Statute 287.6.a. requires the following statement, duly signed and notarized, be included in each submittal:

"The respondent warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this agreement that he or she has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the respondent, any fee, commission or percentage, gift or other consideration contingent upon or resulting from…