RFP-26-013-KY_Pyrotechnic_Shows_-_Solicitation_Doc.pdf

REQUEST FOR PROPOSAL

DOCUMENTS

RFP-26-013-KY

PYROTECHNIC SHOWS

Due: 11:00 a.m., Friday, October 24, 2025

CITY OF ALTAMONTE SPRINGS

City Hall, Suite 1030 Procurement Division 225 Newburyport Avenue Altamonte Springs FL 32701-3697

Solicitation Issued by: Krisha Yurkiewicz, Procurement Specialist Office: 407-571-8075 Fax: (407)-571-8082 Email: KYurkiewicz@Altamonte.org

For Solicitation Documents and Updates Visit Our Solicitation Posting Website mailto:KYurkiewicz@Altamonte.org https://www.myvendorlink.com/cityofaltamontesprings/searchsolicitations.aspx

TABLE OF CONTENTS

1 FORMS AND ATTACHMENTS

2 PROPOSAL INSTRUCTIONS, TERMS AND CONDITIONS

3 GENERAL INFORMATION FOR THE PROPOSER

4 INSURANCE REQUIREMENTS SPECIFICATIONS

5 GENERAL INFORMATION ABOUT THE CITY

6 TECHNICAL INFORMATION AND REQUIREMENTS

ANNUAL REQUIREMENTS CONTRACT SAMPLE

1 FORMS AND ATTACHMENTS

The following forms are incorporated as indicted below:

PROPOSAL SUBMITTAL PACKAGE (posted as a separate document)

PROPOSAL SUBMITTAL FORM

LIST OF REFERNECES

CONFLICT OF INTEREST STATEMENT FORM

HUMAN TRAFFICKING AFFIDAVIT

FOREIGN COUNTRY OF CONCERN ATTESTATION FORM

BID RETURN LABEL

RFP-26-013-KY – Sample Contract

OTHER SOLICITATION DOCUMENTS (posted as separate documents) RFP-26-013-KY Solicitation Document - Attachment A – Minimum Specifications for

Shell Counts RFP-26-013-KY Solicitation Document – Attachment B – Cranes Roost Park Event Map

– Red Hot & Boom (RHB) RFP-26-013-KY Solicitation Document – Attachment C – Cranes Roost Park Event Map

– Light Up the Holidays (LUH) & World Series Opening Night

ADDENDUM (issued as needed to all officially registered plan holders)

1.1 TENTATIVE SCHEDULE / TIMELINE (DATES ARE SUBJECT TO CHANGE)

For this Solicitation, the City is following the timetable listed below, which is subject to change with our without notice.

Solicitation Posting Date Wednesday, October 1, 2025

Question Deadline Friday, October 10, 2025

Proposal Submission Due Date Friday, October 24, 2025

2 PROPOSAL INSTRUCTIONS, TERMS AND CONDITIONS

2.1 DEFINITIONS

Whenever used in this Proposal, the Contract, or any other documents pertaining to the service where these specifications govern, the following terms are used. The intent and meaning will be interpreted as follows:

Addendum A modification of the Solicitation Documents issued by the Procurement Division and distributed to prospective Proposers prior to the Proposal due date and time.

Additional Items Proposal Form Information to be provided by the Proposer as requested in this Proposal

Aggrieved Proposer The Proposer who is adversely affected by the award of a Proposal Contract to another Proposer and protests or appeals the decision.

Amendment/Change Order An agreed addition to, deletion from, correction, or modification to the Contract.

City The City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs, Florida 32701.

Contract The written agreement between the City and the Successful Contractor for the performance of the services in accordance with the requirements of the Proposal Documents and for the payment at the agreed Contract negotiated price or adjusted as a result of an approved amendment/change order.

Contract Documents The Proposal Documents, purchase order, Contract, and performance and payment bond, together with all Addenda, supplemental agreements and change orders.

Contract Sales Report A report generated by the Contractor that contains a high level of information about contract sales, revenue and other information as requested by the City.

Contractor/Consultant Any individual or business awarded the Contract to furnish specified goods, services, or construction for an agreed-upon price.

Evaluation Committee A committee established to conduct evaluations of proposals, interviews, and negotiations during the solicitation process for a specific product or service; usually composed of representatives from the functional area identified in the scope of work and may include a procurement professional.

Project Manager An authorized representative of the procuring department or Engineer, assigned to make any or all-necessary inspections of the work or services performed by the Contractor.

Proposal The written submittal of a Proposer, submitted in the required format, to perform the services in accordance with the requirements of the Proposal Documents and stating the consideration, which the Proposer will require for so doing.

Proposal Documents All documents associated with this solicitation.

Proposal Label A label provided within the Proposal Documents for the ease of identifying a response to this solicitation.

Proposal Response Format The format in which it is required to respond to the Proposal.

Proposal Submittal Form The document that serves as the official offer presented to the City. This is a binding, required document that must signed by the Proposer and returned with the Proposal.

Proposer A person or entity who submits a Proposal in response to the Request for Proposal for the services contemplated.

Pyrotechnics / Pyrotechnic Shows Pyrotechnics refers to the controlled use of specialized materials and devices to create visual and auditory effects such as fireworks, spark fountains, flashes, flames, smoke, and similar displays. For the purposes of this RFP, “Pyrotechnics” shall include all fireworks and special effect devices used for entertainment or ceremonial purposes outdoors, and shall require compliance with all applicable federal, state, and local codes.

Request for Proposal (RFP) The Proposal Document to solicit Proposals from potential providers (Proposers) for goods and services.

Solicitation An invitation to bid, a Request for Proposal, telephone calls, or any City issued document used to obtain quote, bids, or Proposals for the purpose of entering into a Contract.

Solicitation Document The documents used for the intent of soliciting informal or formal responses to a City issued solicitation.

Specifications The general term comprising all the scope of services, work, directions, requirements, provisions, and requirements contained within the Proposal Documents and any associated documents and resulting Contract, all describing the manner of performing the work or service, including detailed technical requirements, and prescribing the relations between the City and the Successful Proposer or Contractor.

Successful Proposer The individual, partnership, or corporation to whom the Proposal and Contract is awarded.

Tentative Calendar of Events Tentative dates relevant to the processing and award of this solicitation.

User Fee A fee paid to the City based on a percentage of gross receipts from sales of a designated item category during a calendar month or fractional calendar month.

VendorLink A third-party internet portal used by the City used to provide solicitation notifications and information to registered vendors.

2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION SERVICE

2.2.1 The “official” Solicitation document, including specifications, and Proposal Submittal Form, and solicitation posting are available from the City’s Procurement Division or through the City’s current contracted solicitation posting service company (VendorLink eSupplier).

2.2.2 Interested Proposers should request the Solicitation documents directly from the City’s Procurement Division (only–not through any other City dept./div.) or from the City’s Solicitation Posting website.

2.2.3 This is necessary to ensure that potential Proposers have a complete official-Solicitation package and to record interested Proposers’ contact information for issuance of any addenda and receive solicitation status updates.

2.2.4 The City is not liable for any errors, omissions, etc. of solicitation postings or any Solicitation documents obtained from any party other than those listed above. The City is not responsible for the accuracy, completeness, or timeliness of any documentation or postings the Proposer receives from any other source.

2.3 SOLICITATION UPDATES/STATUS

The City staff will not provide solicitation updates or status information over the phone, by fax, or by e-mail. This information is available electronically. To obtain current information regarding this Solicitation visit our Solicitation Posting website.

2.4 SUBMISSION OF PROPOSALS

2.4.1 The Procurement Division shall receive responses to this Solicitation by the methods listed here no later than the deadline due date and time established within the Solicitation. Responses will not be accepted by any other means.

a. Electronic Submissions (preferred method)

Enter information and upload completed Forms/Documents using the City’s online solicitation management portal (see the above paragraph entitled “Official Solicitation Documents and Solicitation Posting” Service”. visit our Solicitation Posting website.

Vendors will need to log in or create an account in advance of uploading submissions.

When submitting an offer electronically through the Solicitation Posting portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the solicitation. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will be put at a “draft” status and will not be accepted. Only bids that have a status of “Submitted” within VendorLink will be accepted for review.

https://www.myvendorlink.com/cityofaltamontesprings/searchsolicitations.aspx

It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up to the due date and time.

If technical difficulties arise during submission of the Solicitation response, it is the Submitting Vendor’s responsibility to contact VendorLink technical support. For support, click on the “Help” link on the Solicitation Posting portal.

Should there be any technical issues with the Platform (not user/Vendor issues) that prevents any Vendor from submitting a response within the two (2) hours immediately before the due time, the solicitation due date and time may be extended through the issuance of an addendum by the City.

The technical issue must be by the Platform provider (VendorLink) and affect all participating Vendors. The City shall verify the technical issue or unavailability of the Platform with VendorLink, the system provider. Technical issues localized to a single vendor will not be considered cause for an extension. City shall not be responsible for delays caused by any other occurrence.

b. Delivered Submissions

Deliver submissions to:

Via Mail or Hand Delivery to:

Procurement Division City Hall, Suite 1030

CITY OF ALTAMONTE SPRINGS

225 Newburyport Avenue Altamonte Springs FL 32701-3697

If you mail in your response, it must reach our office before the deadline to be considered.

Therefore, allow sufficient time for transportation and inspection. Each package shall be clearly marked with the applicable solicitation number and title, submittal due date and time, and the name and address of the submitting vendor, on the face of the envelope/package. Ensure that your submittal package is securely sealed in an opaque envelope/package to provide confidentiality of the submittal prior to the solicitation closing.

To ease and facilitate handling, the attached Submittal Label has been provided for your use. Usage of this Submittal Label will insure proper identification and handling of your submittal.

Delivered submittals will be received and officially recorded as received in the Procurement Division ONLY. The time/date stamp clock located in Procurement Division will serve as the official authority to determine the lateness of any submittal.

2.4.2 The City and the Solicitation Posting portal site will accept a wide variety of document types, such as Word, Excel, and PDF, though not all file formats are supported. You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files, or password-protected files, and printing must be enabled. Such actions may cause your submittal Submittals to be deemed as "Non-responsive".

2.4.3 Your submittal package may include but is not limited to, the Proposal Submittal Form, any other required forms, and each accompanying sheet on which an entry has been made by the submitting vendor.

2.4.4 It is the Proposer’s responsibility to assure that the submittal is entered and posted online or delivered by the posted submission deadline. The delivery date and time will be scrupulously observed.

2.4.5 The City will in no way be responsible for delays in the online system or delivery to the Procurement Division caused by delivery service (US Postal Service, FedEx, UPS, etc.), delivery to any other City office other than the above addresses, traffic, parking, location of facilities or office, or delays caused by any other occurrences.

2.4.6 Under no circumstances will Submittals received after the due date and time specified to be considered.

Submittals received after the due date and time will be disqualified as late and will not be recorded as a responding vendor. Submittals delivered to the City will be returned to the Submitting Vendor unopened.

2.4.7 Do not return the entire solicitation package. Only the Proposal Submittal Form, any other required forms, and each accompanying sheet on which an entry has been made by the Submitting Vendor should be included in their Submittal package.

2.4.8 For Products Only: The Submitting Vendor represents that the product(s) to be furnished under this Solicitation is/are new and unused unless specifically so stated and that the quality has not deteriorated so as to impair its usefulness.

2.5 PREPARATION OF PROPOSALS

2.5.1 The Proposer is solely responsible for reading and completely understanding the Solicitation documents and attachments (if any). Failure to do so will be at the Proposer's risk.

2.5.2 All Proposals submitted are subject to the City’s terms and conditions and any and all additional terms and conditions submitted by the Proposer are rejected and shall have no force and effect.

2.5.3 To be considered, Proposers must submit a complete response to this Solicitation, using the format provided described herein. The Proposer may furnish additional information as may be reasonably required. Proposals submitted in any other format could be disqualified.

2.5.4 Each Proposer will furnish the information required on the Proposal Submittal Form and each accompanying sheet thereof on which the Proposer makes an entry. All prices and blank spaces in the

Proposal Submittal Form and accompanying sheets must be filled in legibly and correctly entered, typed, or written in ink. No erasures permitted and mistakes may be crossed out, corrections written adjacent, and must be initialed and dated in ink by the person signing the bid. In case of a discrepancy between a unit (or per show) price and an extended (or total) price, the unit (or per show) prices will be presumed to be correct.

2.5.5 An officer or representative who has official authorization to sign proposals MUST sign the Proposal Submittal Form. All proposals must indicate the firm name and be signed by a responsible officer or employee. Obligations assumed by such signatures must be fulfilled. If a proposal is submitted by an individual, the individual must sign his name therein and state his business address and the name and address of every other person interested in the proposal as principal. If a firm or partnership submits a proposal, its name and business address must be stated as well as the name and address of each member of the firm or partnership. If a corporation submits a proposal, some authorized officer or agent, subscribing the name of the corporation with his own name and affixing the corporation seal, must sign the proposal. Moreover, the contents of the proposal of the successful bidder may become contractual obligations if a contract is entered into.

2.5.6 An unsigned proposal is not a valid offer and therefore must be signed to be considered by the City.

2.6 ELECTRONIC SIGNATURES

In accordance with Section 668.001 through 668.06, Florida Statutes, the City will accept electronically filed and signed documents in regard to the execution of contracts and contract-related documents meeting the requirements as stated in the City’s Procurement Policy.

2.7 EXCEPTIONS TAKEN TO SOLICITATION DOCUMENTS

In the event you elect to respond to this Solicitation, but must take exceptions to anything contained in the Solicitation documents, the Proposer will be required to provide, with their submittal, a written statement as to what and why the Proposer is taking exception. However, Proposers taking exceptions may be deemed non-responsive by the City depending on the nature of the exception.

2.8 WITHDRAWAL OR CORRECTION OF PROPOSAL SUBMITTALS

2.8.1 Proposals may be corrected or withdrawn prior to the submittal deadline. If submitting “Online” the

Proposer may update their submittal. If the submittal has been delivered to the City, a written request may be made before the submittal deadline from the Proposer. The City will only consider the latest proposal submitted.

2.8.2 After the proposal submission deadline, a Proposer cannot withdraw or correct a proposal. Negligence on the part of the Proposer in preparing a proposal is not grounds for withdrawal or modification of a proposal after the proposal submittal deadline. Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable and in force for ninety (90) calendar days after when the proposal submittal deadline. Proposers may not assign or otherwise transfer their proposal.

2.9 CONTACT PERSON CONCERNING THIS SOLICITATION

2.9.1 Proposers are advised that from the date of release of this Solicitation until the award of the contract, NO contact with City staff and/or designated Selection Committee members concerning this Solicitation is permitted, except as authorized by the contact person designated below.

2.9.2 Any Request for Information (i.e. questions, interpretations, comments, request for additional information, clarifications, or corrections), must be in writing by email (preferred method) or fax to:

Krisha Yurkiewicz, Procurement Specialist E-Mail Address: KYurkiewicz@Altamonte.org Fax Phone #: (407)571-8082

2.9.3 These inquiries must be received in the Procurement Division no later than Friday, October 10, 2025 before 11 a.m. ET in order to provide adequate response time to queries and issue an addendum, if necessary.

2.9.4 This office will forward questions to the appropriate City employee. All potential Proposers are not to contact any member of the Altamonte Springs staff or officials other than the above-specified contact person unless explicitly authorized by this office. Such communications initiated by the Proposer shall be grounds for disqualifying the offending Proposer from consideration for the award of this Solicitation and/or any future solicitations.

2.10 ADDENDUM

2.10.1 No interpretation of the meaning of the Solicitation documents, attachments (if any), or no any other related documents, or correction of any apparent ambiguity, inconsistency, or error therein, will be made to any potential Proposer verbally.

2.10.2 Only the interpretation or correction given and issued thru written addendum by the Procurement Division will be binding, and potential Proposers are warned that no other source is authorized to give information concerning, or explaining or interpreting the Solicitation documents. Where there appears to be a conflict between the Solicitation and any Addendum issued, the last Addendum issued shall prevail.

2.10.3 Changes to this Solicitation, when deemed necessary by the City, will be completed only by written Addendum(s) issued prior to the proposal submittal deadline. Addendums to the Solicitation will be posted on the City’s Purchasing Department website (see the above paragraph entitled “Solicitation Updates/Status”) as they are issued. It is the sole responsibility of Proposers to routinely check this mailto:KYurkiewicz@Altamonte.org website for any Addendum that may have been issued prior to the submittal deadline for receipt of proposals.

2.10.4 It is the Proposer’s sole responsibility to assure and acknowledge receipt of all Addendums. Proposers should acknowledge the receipt of all addenda as part of their proposal. In case any Proposer fails to acknowledge receipts of any such addendum in the space provided on the Proposal Submittal Form, the proposal will nevertheless be construed as though the addenda have been received and acknowledged, and the submission of the proposal will constitute acknowledgment of the receipt of addenda.

2.11 PUBLIC OPENING

2.11.1 The City will hold a public opening immediately following the posted submittal deadline. Attendees may stop by the Procurement office prior to the submittal deadline for the location of the public opening as meeting space is at a prime and is subject to change without advance notice.

2.11.2 Whenever possible, the total base bid amounts tabulated by each Bidder will be read aloud at the public opening. However, bid amounts announced at the public opening are subject to change due to math errors made by Bidders.

2.11.3 Proposal submittals will be closed for public inspection for up to 30 days following the due date or when a recommendation for an award has been posted (whichever comes first).

2.12 DELIVERY

Time of delivery is of the essence in the performance of the contract, and failure to perform in accordance with the agreed completion deadline(s) set forth in the Solicitation and/or contract document will constitute default. Unless a written extension is obtained from the City prior to the completion deadline(s), there will be no excuse for untimely performance. The granting and duration of extensions will be subject to the exclusive discretion of the City.

The services/work specified will be performed at Cranes Roost Park, 274 Cranes Roost Boulevard, Altamonte Springs, FL 32701

2.13 RESERVED RIGHTS OF THE CITY

2.13.1 The City may, at its sole and absolute discretion, reject any and all, or parts of any (unless the Proposer qualifies his proposal by specific limitations such as “All or None”) and all proposals; postpone or cancel, at any time, this RFP process; or re-advertise this Solicitation.

2.13.2 The City reserves the right to waive any informalities, deviations, mistakes, and matters of form rather than the substance of the Solicitation documents, which can be waived or corrected without prejudice to the Proposer. No officer or agent of the City is authorized to waive this reservation.

2.13.3 Unless all proposals are rejected, an award shall be made to that Proposer whose proposal, conforming to the Solicitation, in the judgment of the City, will be most advantageous to the City, price/cost, and other factors considered.

2.13.4 The City reserves the right to investigate the qualifications of the Proposer as deemed appropriate.

2.14 TAXES

2.14.1 The City is exempt from state and local sales tax when payment is made directly by the City (Florida

Statute Ch. 212.08(6). This exemption does not include sales of tangible personal property made to contractors employed either directly or as agents by the City when such tangible personal property goes into or becomes a part of public works owned by the City. The City of Altamonte Springs, Florida has the following tax-exempt certificates assigned:

Certificate of Registry No. 59-6000263 for tax-free transactions under Chapter 32, Internal Revenue Codes.

Florida Sales & Use Tax Exemption Certificate No. 85-8012740082C-1 (expires 06/30/2027).

2.14.2 As an independent entity, the Proposer, if awarded the contract, shall be responsible for payment of all federal, state, and local taxes of all types and kinds applicable to such fees incurred under this Agreement.

2.15 DEFAULT

As a result of proposals received under this Solicitation, the award of the proposal/contract may be based, in whole or in part, on the selection criteria set forth in this Solicitation. Accordingly, should the successful Proposer/Contractor not meet the completion deadline(s) set forth in the Solicitation and/or contract or should the successful Proposer/Contractor fail to perform any of the other provisions of the Solicitation and/or contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Bidder in default and terminating the contract in whole or in part, the City may procure services from another firm and the Contractor will be liable to the City for any excess costs, including but not limited to any reasonable attorney fees should any element of default be litigated in court or disputed in such a manner that requires the services of an attorney, resulting there from. Where the Contractor fails to comply with any part of the Solicitation and/or contract, except for completion deadlines, the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specific period of time. Such notification will not constitute a waiver of any of the City's rights and remedies hereunder.

2.16 CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION

By submission of a Proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as its own organization, that in connection with this procurement no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not submit a proposal for the purpose of restricting or limiting competition.

2.17 QUALIFICATIONS OF PROPOSERS

2.17.1 The City reserves the right, before awarding the Proposal, to require a Proposer to submit such evidence of its qualification(s) as it may deem necessary, and may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Proposer. Proposers may be required to show that they have had experience in work of the same or similar nature and that their organization has been in formal existence and engaged in similar type work for not less than ten (10) years.

2.17.2 All Proposers to this Solicitation shall have demonstrated experience in successfully supplying relevant services and shall meet all criteria/requirements identified in this Solicitation.

2.18 DISQUALIFICATION OF PROPOSERS

2.18.1 Any of the following causes may be considered as sufficient for the disqualification of a Proposer and the rejection of his proposal:

A. Failure to sign the Proposal Submittal Form.

B. Submission of more than one proposal for the same services by an individual, firm, joint venture, partnership, or corporation under the same or different names;

C. Evidence of collusion among Proposers;

D. Previous participation in collusion on services/work for the City of Altamonte Springs, Florida;

E. Lack of competency of Proposer. The contract will be awarded only to a Proposer rated as capable of performing the services/work. The City may declare any Proposer ineligible at any time during the process of receiving proposals or awarding the proposal where developments arise which, in the opinion of the City, adversely affect the Proposer's responsibility; however, the Proposer will be given an opportunity by the City to present additional evidence before final action is taken;

F. Lack of Proposers’ responsibility as shown by past performance;

G. Unsatisfactory Performance/Uncompleted work for which the Proposer is committed by contract which, in the judgment of the City, might hinder or prevent the prompt completion of the work under this Solicitation if awarded to such Proposer;

H. Being in arrears on any of its existing contracts with the City, or in litigation with the City, or having defaulted on a previous proposal and/or contract with the City.

2.19 REJECTION OF IRREGULAR PROPOSALS

Proposals will be considered irregular and may be rejected if they show omissions, alteration of form, additions not called for, conditions, limitations, unauthorized alternate proposals or other irregularities of any kind. The City reserves the right to waive any informalities or irregularities of proposals, or to reject any or all proposals.

2.20 AWARD OF PROPOSAL

2.20.1 The Proposal, if awarded, will be awarded to that responsible Proposer whose Proposal will be most advantageous to the City.

2.20.2 The tentative award recommendation posting date is in the Tentative Calendar of Events paragraph in the General Information for Proposer Section and on the Proposal Tabulation. However, this date is subject to change.

2.20.3 It will be the responsibility of the Proposer to visit the City’s solicitation posting website (see above paragraph entitled “Solicitation Updates/Status”) for award recommendation and award approval documents and updates.

2.20.4 If an aggrieved Proposer has any questions or concerns regarding the City's evaluation and Award Recommendation, they must submit their questions or concerns in writing to the Procurement Manager by 4:30 p.m. of the business day prior to the City Commission meeting. Questions or concerns not submitted to the Procurement Manager first may not be considered at the Commission meeting.

2.21 DRUG-FREE WORKPLACE PROGRAM PREFERENCE

2.21.1 In accordance with Section 287.087, Florida Statutes, “Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.”

2.21.2 Established procedures for processing tie bids will be followed if none of the tied vendors has a drug-free workplace program.

2.21.3 In order to have a drug-free workplace program, a business shall comply with the requirements as established in the statute. If your business complies with these requirements and would like to be given preference, in case of a tie, then the vendor(s) will be asked to complete a "Drug-Free Workplace Program Certification Form." The bidder is not required to complete the form at this time.

2.22 PUBLIC ENTITY CRIME STATEMENT

In accordance with paragraph (2)(a) of Section 287.133, Florida Statutes, " A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list."

2.23 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND DOCUMENTS

Florida law (Florida Statute 119, the Public Records Law) requires that municipal records shall at all times be open for personal inspection by any person. Information and materials received by City in connection with a solicitation response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 30 days after bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Submitter believes any of the information contained in their response is exempt from the Public Records Law, then the Submitter, must in their response, specifically identify the material, which is deemed to be exempt and cite the legal authority for the exemption. The City's determination of whether an exemption applies shall be final, and the Submitter agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records.

2.24 PUBLIC MEETING AND NOTICES

In accordance with Florida Statute 286.011, all meetings, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action will be considered binding except as taken or made at such meeting. Reasonable notice of the meeting is provided in the Tentative Calendar of Events paragraph in the General Information for Proposer Section.

2.25 TO APPEAL ANY MEETING OR DECISION MADE

Persons are advised if they wish to appeal any meeting or decision made concerning this bid, they will need a record of the proceeding, and for such purposes, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made, per Chapter 80-150, Laws of Florida. The City does not provide this verbatim record.

Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk Department ADA Coordinator 72 hours in advance of the meeting at (407) 571-8122 (VOICE) or (407) 571-8126 (TTY) or email: cityclerk@altamonte.org.

2.26 OBSERVE ABOVE INSTRUCTIONS

Failure to observe any of the above instructions and conditions may constitute grounds for rejection of your proposal.

https://www.flsenate.gov/Laws/Statutes/2018/287.017 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html

2.27 PRIORITY OF SPECIFICATIONS

In the event of conflicts or inconsistencies in the proposal documents, priority will be given to the requirements in the Technical Specifications then the Proposal Instructions, Terms, and Conditions.

2.28 TIME EXTENSION OF PROPOSAL

In addition, the Board of City Commissioners, Altamonte Springs, Florida, reserves the option to extend the time period of the proposal, including all terms and conditions of the Solicitation documents. Such time extension will be by mutual agreement in writing.

3 GENERAL INFORMATION FOR THE PROPOSER

3.1 PURPOSE

3.1.1 This Solicitation provides interested Proposers with sufficient information to enable them to prepare and submit proposals for consideration by the City.

3.1.2 The City is accepting proposals from qualified firms to provide professional services as described herein.

Any contracts, which may be executed between the City and any firm(s) as a result of this Solicitation, will be limited to the scope as described herein. The City will incur no other obligations, expressed or implied.

3.1.3 This solicitation contains instructions governing the proposals to be provided, requirements that must be met to be eligible for consideration, general evaluation criteria, and other requirements to be met by each proposal.

3.2 ISSUING OFFICE

The City’s Procurement Division issues this Solicitation.

3.3 SCOPE

This Solicitation contains instructions governing the proposals to be provided, requirements which must be met to be eligible for consideration, general evaluation criteria, and other requirements to be met by each proposal.

3.4 CONFLICT OF INTEREST DISCLOSURE

The successful Proposer will be required to include a disclosure statement of any potential conflict of interest that the firm may have due to other clients, contracts or other interests associated with this engagement.

3.5 REFERENCES

References submitted by firms in response to the Solicitation will be specific, relevant to the scope, and recent within the past ten (10) years.

3.6 INCURRING COSTS

The City will not be held liable for any costs incurred by a firm in the preparation and submission of a proposal relative to this Solicitation or any cost incurred by firms prior to execution of a contract agreement.

3.7 ECONOMY OF PREPARATION

Proposals should be simple and economical, providing a straightforward, concise description of the firm's ability to meet the requirements of the Solicitation following the format described herein.

3.8 DISCLOSURE OF PROPOSAL CONTENTS

All material submitted becomes the property of the City. The City has the right to use any or all ideas presented in any reply to the Solicitation. Selection or rejection of the proposal does not affect this right.

3.9 PRIME FIRM RESPONSIBILITIES

The selected firm will be required to assume responsibility for all services offered in their proposal whether or not they produce them. Further, the City will consider the selected firm to be the sole point of contact with regard to contractual matters.

3.10 RESERVATIONS

3.10.1 The City reserves the right to delete or amend any of the services as listed and described herein.

3.10.2 The City reserves the right to cancel the contract at any time. The City will pay the contractor for services rendered and out-of-pocket costs incurred through the date of cancellation.

3.11 SELECTION COMMITTEE

The City will establish a Selection Committee to review and evaluate all written Proposals. The Committee may conduct a preliminary evaluation of all Proposals on the basis of the information provided and, if the Committee deems desirable in its discretion, it may elect to short list two or more Proposers using the evaluation criteria set forth in this Solicitation. The Selection Committee may then establish the ranking of firms and recommend negotiating a Contract with the top-ranked firm(s) to the City Commission.

The Committee reserves the right to require oral presentations from and conduct pre-award discussion and/or pre-Contract negotiations with any or all responsive and responsible Proposers who submit Proposals determined to be reasonably acceptable of being selected for award.

3.12 CONTRACT NEGOTIATIONS

3.12.1 The content of the Solicitation and the successful contractor's proposal will become an integral part of the contract but may be modified by the provisions of the contract. The top ranked firm will be contacted to begin contract negotiations.

3.12.2 If a satisfactory contract cannot be negotiated with the top-ranked firm, negotiations will be formally terminated. Contract negotiations then may be started with the next ranked firm.

3.13 CONTRACT

3.13.1 Once a contract has been successfully negotiated, the selected contractor will be expected to enter into a formal agreement at the rate agreed upon.

3.13.2 The successfully negotiated contract, submitted in two (2) original sets, will be presented to the Mayor for execution. One (1) original signed contract, together with an official City Purchase Order(s) will be returned to the firm. No work is authorized until the firm receives the Purchase Order(s) and is subsequently directed to proceed by the City.

3.14 ADDITIONAL TERMS AND CONDITIONS

Unless expressly accepted by the City, only the terms and conditions in this document shall apply. No additional terms and conditions included with the proposal response shall be considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this proposal if submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists, or warranties. It is understood and agreed that the general and/or any special conditions in this document are the only conditions applicable to this proposal and the Proposer’s authorized signature on the Proposal Submittal Form attests to this.

Exceptions to the terms and conditions will not be accepted.

3.15 CONTRACTOR PUBLIC RECORDS REQUIREMENTS - FOR SERVICES

3.15.1 The City of Altamonte Springs is a public agency subject to Florida Statute, Chapter 119 (Florida’s Public Records Law). The Contractor that enters into a contract for services with a public agency shall comply with Florida’s Public Records Law. Specifically, the Contractor shall:

A. Keep and maintain public records required by the City in order to perform the service.

B. Upon request from the City’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City.

D. Upon completion of the contract, the Contractor will transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html

E. During the term of the contract, the Contractor shall maintain all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City’s Finance Department. The Contractor agrees to make available to the City’s Finance Department, during normal business hours and in Seminole County, all books of account, reports, and records relating to this contract.

F. PUBLIC RECORDS CUSTODIAN

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this contract, contact the Custodian of Public Records at:

City Clerk 225 Newburyport Avenue Altamonte Springs, Florida 32701 (407)571-8122 AApperson@altamonte.org

G. The Contractor acknowledges that the City of Altamonte Springs cannot and will not provide legal advice or business advice to the Contractor with respect to its obligations pursuant to this section related to public records. The Contractor further acknowledges that it will not rely on the City of Altamonte Springs or its City Attorney to provide such business or legal advice and that Contractor has been advised to seek professional advice with regard to public records matters addressed by this agreement. The Contractor acknowledges that failure to comply with Florida law and this agreement with respect to public records shall constitute a material breach of this agreement and shall be grounds for termination pursuant to the termination provisions outlined in the contract, solicitation, and/or City purchase order.

H. A definition of “public records” can be found in Florida Statute, Chapter 119.

I. The timeframes and classifications for records retention requirements must be in accordance with the General Records Schedule Number GS1-SL for State and Local Government Agencies.

3.16 E-VERIFY - EMPLOYMENT ELIGIBILITY

mailto:AApperson@altamonte.org http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html http://dos.myflorida.com/library-archives/records-management/general-records-schedules/

3.16.1 By submitting a response to this Solicitation and if awarded this Solicitation, you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility."

3.16.2 Further, by your response to this Solicitation and if awarded this Solicitation you affirm and represent that you are registered with the E-Verify system and are using the same, and will continue to use same as required by Section 448.095, F.S.

3.16.3 Compliance with Section 448.095 includes but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.

3.16.4 Failure to comply will lead to disqualifying you for award of this Solicitation, entering into a contract, and/or, cancellation of an active contract, or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately.

3.16.5 Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If terminated for a violation of the statute by the Vendor/Contractor, the Vendor/Contractor may not be allowed to do business with the City or be awarded a solicitation or contract for a period of 1 year after the date of termination. All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Vendor/Contractor.

4 INSURANCE REQUIREMENTS SPECIFICATIONS

4.1 REQUIRED COVERAGE AND LIMITS

4.1.1 To assure that the bidder has the insurance specified, the bidder is suggested to send this “Insurance

Requirement Specifications” section, in its entirety, to their insurance agent(s) prior to submitting a bid.

The insurance agent should inform the bidder if the bidder does not meet the insurance requirements and provide the bidder with an estimated cost to secure the required insurance. In the event the bidder does not hold all the limits required below, the bidder shall submit a letter from their insurance carrier that the coverages and limits are obtainable if the bidder is awarded the contract. The bidder should include the cost to secure additional insurance in their bid price. By submission of a bid to the City, the bidder has or agrees to obtain the insurance specified if the bidder is awarded the solicitation.

4.1.2 Insurance Requirements for this proposal are as follows:

Insurance Requirements shall be at least as broad as required herein. The minimum Insurance Requirements Coverage and limits required does not in any way represent or imply the minimum Insurance Coverage required is sufficient to cover the vendor’s or contractor’s obligation under this agreement.

All subcontractors of the contractor are contractually required to provide the same coverage for the City and must provide Certificates of Insurance as proof.

A. Workers’ Compensation: Florida Statutory limits. Employer’s Liability Insurance with limits of not less than $1,000,000 each accident, $1,000,000 each employee and $1,000,000 policy limit on disease.

Please be advised that the Certificate of Exemption to the exempt from the Florida Workers’ Compensation Law pertains exclusively to those corporate officers identified by the certificates, therefore, the City will not accept Certificates of Exemption as proof of insurance. The certificate of exemption also states that the corporate officer electing exemption, “certify that any employee of the business named above (on the certificate) is covered by workers’ compensation insurance”.

Further, pursuant to Chapter 440.10 (1) (a), (b) and (c), contractors who sublet any contract work to subcontractors “shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment”.

The successful bidder is responsible for verifying that all sub-contractors have workers compensation coverage or are exempt from coverage and produce proof of coverage upon the City’s request.

B. Commercial General Liability: $5,000,000 Per Occurrence $10,000,000 General Aggregate for bodily injury and property damage, and $1,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury. Contractual liability coverage and the definition of an “insured contract” shall not be modified or deleted within the policy.

C. Commercial Auto Liability: $1,000,000 combined single limit per occurrence

Auto Liability shall cover owned, hired, leased and non-owned vehicles for bodily injury and property damage.

D. Excess Liability: $5,000,000 Limit required and shall be follow form including all provisions in the underlying primary policy must also be contained in any Excess policies. This includes all endorsements which may be outlined above. The following entities shall be named as Additional Insureds under the Commercial General Liability and Automobile Liability policies, but only to the extent of liability caused by vendor’s acts or omissions: the City of Altamonte Springs, its elected officials, officers, employees, and volunteers; Emerson International, Inc. and any affiliated entities;

Altamonte Mall, LLC; Brookfield Property REIT Inc.; BPR REIT Services LLC; Brookfield Properties Retail Inc.; Brookfield Properties Retail Holding LLC; and Brookfield Property Partners LP. Additional Insured status shall be provided using ISO Form CG 20 10 (or equivalent), and a waiver of subrogation in favor of the City and the above-named Additional Insureds shall be included.

4.1.3 All limits are per occurrence and must include Bodily Injury and Property Damage.

4.1.4 An insurance carrier must issue all policies with a financial stability that is acceptable to the City’s Risk Manager.

4.1.5 All policies are to be considered primary to City coverage and…