RFP2502Final.pdf

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1. SUBMISSION OF OFFERS: All offers shall be submitted in a sealed envelope or package. The invitation numbers, title, and opening date shall be clearly displayed on the outside of the sealed envelope or package. The delivery of responses to the receptionist located on the 2nd floor of City Hall prior to the specified date and time is solely and strictly the responsibility of the offeror. Any submittal received after the specified date and time will not be considered.

Responses shall be submitted on forms provided by the City. Additional information may be attached to the submittal. Facsimile submissions are NOT acceptable. No offer may be modified after acceptance. No offer may be withdrawn after opening for a period of sixty (60) days unless otherwise specified.

2. EXECUTION OF OFFER: Offer shall contain a manual signature in the space(s) provided of a representative authorized to legally bind the offeror to the provisions therein. All spaces requesting information from the offeror shall be completed. Responses shall be typed or printed in ink. Use of erasable ink or pencil is not permitted. Any correction made by the offeror to any entry must be initialed.

SUBMIT TO:

CITY OF DELAND

FINANCE DEPT., 2ND FLOOR

PURCHASING COORDINATOR

120 SOUTH FLORIDA AVENUE

DELAND, FLORIDA 32720

CONTACT:

Corey McMillen mcmillenc@deland.org purchasing@deland.org

PHONE:

386-626-7078 RFP-25-02

SUBMITTALS RECEIVED AFTER SPECIFIED DATE

AND TIME WILL NOT BE CONSIDERED

RFP TITLE: Downtown Support Historic Resource Survey

SUBMITTAL DEADLINE:

November 21, 2024 @ 2:00 P.M.

PRE-PROPOSAL CONFERENCE DATE, TIME AND

LOCATION: N/A PROPOSAL BOND REQUIRED: N/A

RESPONDENT NAME: FEDERAL ID # OR SOCIAL SECURITY #:

MAILING ADDRESS: TELEPHONE #:

CITY – STATE – ZIP: FAX #:

EMAIL:

AUTHORIZED SIGNATURE Title

Printed Name Date

By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of DeLand all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodity(s) or services(s) purchased or acquired by the City of DeLand. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor.

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE

GENERAL CONDITIONS AND INSTRUCTIONS

****PLEASE READ CAREFULLY****

REQUEST FOR PROPOSAL

X mailto:mcmillenc@deland.org mailto:purchasing@deland.org

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3. OPENING: Pursuant to Section 119.071(1)(b) Florida Statues no further information regarding proposals submitted will be made public until such time of intended award or thirty (30) days, whichever is earlier.

4. PUBLIC RECORD: The City of DeLand, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes.

5. TABULATION: This section intentionally left blank but the paragraph and heading has been preserved to maintain numbering.

6. CLARIFICATION/CORRECTION OF ENTRY: The City of DeLand reserves the right to allow for the clarification of questionable entries and the correction of OBVIOUS MISTAKES.

7. INTERPRETATION/ADDENDA: Any questions concerning conditions and specifications shall be directed to the designated contact person. Those interpretations which may affect the eventual outcome of the invitation/offer shall be furnished in writing to prospective offerors.

No interpretation shall be considered binding unless provided in writing by the City of DeLand in the form of an addendum. Any addenda issued shall be acknowledged by signature and returned with offeror’s response.

Failure to acknowledge addenda may result in the offer not being considered.

8. INCURRED EXPENSES: This invitation does not commit the City to make an award nor shall the City be responsible for any cost or expense which may be incurred by any respondent in preparing and submitting a reply, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement.

9. PRICING: This section intentionally left blank but the paragraph and heading has been preserved to maintain numbering.

10. ADDITIONAL TERMS & CONDITIONS: The City of DeLand reserves the right to reject offers containing terms or conditions contradictory to those requested in the invitation specifications.

11. TAXES: The City of DeLand is exempt from Federal Excise Taxes and all sales taxes. Florida State Exemption Certificate No. 85-8013842706C-2.

12. DISCOUNTS: All discounts, except those for prompt payment, shall be considered in determining the lowest net cost for evaluation purposes.

13. MEETS SPECIFICATIONS: The offeror represents that all offers to this invitation shall meet or exceed the minimum requirements specified.

14. SAMPLES: When required, samples of products shall be furnished with response to the City at no charge. Samples may be tested and will not be returned to the offeror. The result of any and all testing shall be made available upon written request.

15. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.

16. GOVERNING LAWS: Any agreement to purchase resulting from this invitation shall be governed by the laws, regulations, and ordinances of the State of Florida and the City of DeLand, Florida. Venue shall be non-jury in the Circuit Court of Volusia County, Florida.

17. ASSIGNMENT: Any agreement to purchase issued pursuant to this invitation and award thereof and the monies which may become due hereunder are not assignable except with the prior written approval of the City.

18. CONTENT OF INVITATION/RESPONSE: The contents of this invitation, all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto may be incorporated into an agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or service requested herein shall supersede the requirements of the ‘GENERAL

CONDITIONS AND INSTRUCTIONS”.

19. LIABILITY: The supplier/provider shall hold and save the City of DeLand, its officers, agents, and employees harmless against claims by third parties resulting from breach of contract or negligence by the supplier/provider.

20. PATENTS, COPYRIGHT, AND ROYALTIES: The supplier/provider, without exception, shall indemnify and save harmless the City of DeLand, its officers, agents and employees, from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, registered, patented, or unpatented invention, process, or article manufactured or used in the provision of goods and/or services, including use by the City of DeLand. If the supplier/provider uses any design, device, or materials covered by letters, patent, copyright, or registration, it is mutually agreed and understood without exception that the quoted price shall include all royalties or costs arising from the use of such design, device, or materials in any way involved.

21. TRAINING: Unless otherwise specified, suppliers/providers may be required at the convenience of and at no expense to the City to provide training to City personnel in the operation and maintenance of any item purchased as a result of this invitation.

22. ACCEPTANCE: Products purchased as a result of this invitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at bidder’s expense. Those items and items not delivered by the delivery date specified in accepted offer and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder.

23. SAFETY WARRANTY: Any awarded supplier/provider including dealers, distributors, and/or manufacturers shall be responsible for having complied with all Federal, State, and local standards, regulations, and laws concerning the product or service specified, and the use hereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental agencies.

24. WARRANTY: The offeror agrees that, unless otherwise specified, the product and/or service furnished as a result of this invitation and award thereto shall be covered by the most favorable commercial warranty the offeror gives to any customer for comparable quantities of such products and/or services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the City of DeLand by any other provision of the invitation/offer.

25. AWARD: As the best interest of the City may require, the City reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof, on a geographical basis and/or on a Citywide basis with one or more supplier(s) or provider(s); to reject any and all offers or waive any irregularity or technicality in offers received. Offerors are cautioned to make no assumptions unless their offer has been evaluated as being responsive. Any or all award(s), made as a result of this invitation, shall conform to applicable ordinances of the City of DeLand, Florida.

26. VIOLATIONS: Any violation of any of the stipulations, terms, and/or conditions listed and/or included herein may result in the offeror/bidder being disqualified from doing business with the City for a period of time to be determined on a case-by-case basis.

27. UNIT PRICING: For purposes of this Invitation and evaluation of responses hereto the following shall apply: unit prices shall prevail over extended prices;

written matter shall prevail over typed matters; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

28. INSURANCE: Vendor/Contractor shall defend, indemnify and hold harmless the City of DeLand from and against any and all liability, losses, damages, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions (including attorneys’ fees), of whatsoever kind or nature arising out of or in any way arising out of the agreement or any act or omission of Vendor/Contractor or its agents, servants, employees, independent contractors, customers, patrons or invitees, unless such claims are as a result of the City’s sole negligence.

The Vendor/Contractor shall secure and maintain, at its own expense at all times during the term of this contract, a comprehensive public liability insurance policy issued by a responsible insurance company, and in a form acceptable to the City, protecting and insuring against all of the following:

claims, demands, damages, fees, fines, penalties, suits, proceedings, actions, and costs of actions, etc. coverage limits of not less than $1,000,000 for bodily injury to or death to one or more person(s), and $1,000,000 for damage to any property, or a combined single limit of $2,000,000 for any occurrence of bodily injury to persons or damage to property, which insurance shall be issued on the occurrence basis. This policy shall name the City of DeLand as additionally insured.

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The Vendor/Contractor shall secure and maintain, at its own expense at all times during the term of this contract an automobile liability coverage policy with a minimum of a $1,000,000 combined single limit per occurrence.

The Vendor/Contractor shall secure and maintain, at its own expense at all times during the term of this contract, Worker’s Compensation and Employer’s Liability Insurance covering all the persons employed by the Vendor/Contractor in connection with this contract. Worker’s Compensation shall be the Statutory Limits.

The Vendor/Contractor shall not commence work under this contract until he has obtained all insurance required and submitted proof thereof to the City’s Risk Manager for approval. Certificates shall provide for thirty (30) day cancellation notice to the City. Referenced Certificate to be mailed to Risk Manager, City of DeLand, 120 South Florida Avenue, DeLand, Florida, 32720-5481.

The Vendor/Contractor shall either cover any sub-contractors on its policy or require the sub-contractors to conform to all requirement for insurance contained herein.

Vendor/Contractor agrees that the City of DeLand will make no payments pursuant to the terms of the contract until all required proof or evidence of insurance has been provided to the City’s Risk Manager.

If the contract negotiated as a result of this RFP has different insurance requirements, the insurance requirements in such contract shall control.

29. DEFINITIONS:

CITY – The term “City” herein refers to the City of DeLand, Florida, and its duly authorized representatives.

OFFEROR - The term “offeror” used herein refers to any dealer, manufacturer, representative, distributor, or business organization submitting an offer to the City in response to this invitation.

BIDDER – The term “bidder” used herein refers to any dealer, manufacturer, representative, distributor, or business organization that will be or has been awarded a contract and/or purchase order pursuant to the terms and conditions of the invitation and accepted offer.

30. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: 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.

31. PERMITS: Contractor shall be responsible for payment of all applicable permit fees.

32. PAYMENT: Payment will be made in accordance with the Local Government Prompt Payment Act (Chapter 218, Part VII, Florida Statutes).

33. BONDING: See Section 13 of Draft Contract (Exhibit A)

34. AVAILABILITY OF FUNDS: A contract shall be deemed executory only to the extent of appropriations available to each department for the purchase of such articles. The City’s extended obligation on these contracts, which envision extended funding through successive fiscal periods, shall be contingent upon actual appropriations for the following fiscal year.

35. OTHER AGENCIES: All Respondents awarded Contracts from this solicitation may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Contract under the same prices, terms, and conditions. It is understood that at no time will any city or municipality or other agency be obligated for placing an order for any other city, municipality, or agency, nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency.

Further it is understood that each agency will issue its own purchase order to the awarded Respondent(s).

36. E-VERIFY: In accordance with Florida State Law, Executive Order 11-116, any vendor or company that the City enters into contract with, or issues a purchase order, must utilize the E-Verify system.

37. INCONSISTENT TERMS IN RESULTING CONTRACT: In the event that the terms of any contract ultimately negotiated as a result of this RFP vary from any provision of this RFP, the terms of such contract shall control over the terms set forth in this RFP.

38. CONE OF SILENCE: All proposers/firms and their agents are hereby placed on notice that they are not to contact members of the Deland City Commissions or staff regarding this RFP, with the exception of the designated liaison. Public meetings of the Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by this Request for Proposals and written correspondence in regards to this Request for Proposals is to be submitted to the designated liaison.

THE CITY OF DELAND RESERVES THE RIGHT TO REJECT ANY

OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT

ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE

IN THE BEST INTEREST OF THE CITY.

Daytona Beach News Journal Legal Section Ad dated 11/05/24

CITY OF DELAND

NOTICE TO BIDDERS

RFP-25-02

NOTICE IS HEREBY GIVEN that the City of DeLand will receive sealed proposals at the City Hall 2nd floor receptionist, 120 South Florida Avenue, DeLand, Florida, until 2:00 p.m. on November 21, 2024 and will open the submitted bids in the Commission Chambers, first floor, immediately following the submittal closing time for the following:

"Downtown Support Historic Resource Survey”

Proposals must comply and be submitted in accordance with the project technical specifications which may be obtained at the office of the City Hall, 120 S. Florida Avenue, DeLand, Florida, any time prior to the bid opening. Questions shall be directed to the office of the Purchasing Manager, Corey McMillen at 386-626-7078 or by email at mcmillenc@deland.org or Purchasing@deland.org.

Michael Pleus City Manager mailto:mcmillenc@deland.org mailto:Purchasing@deland.org

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DOWNTOWN SUPPORT HISTORIC RESOURCE SURVEY

SPECIAL CONDITIONS

1. INTRODUCTION/PURPOSE:

The purpose of this Request for Proposals (RFP) is to select a qualified Consultant to conduct a historic preservation consultant to conduct a historic resource survey For the City of DeLand (DeLand, Florida) including the Garden District, and a survey report conforming to Chapter 1A- 46, Florida Administrative Code (FAC), and a minimum of two hundred (200) new/updated Florida Master Site File (FMSF) forms. Some of the properties were included in a previous survey, “Historic Properties Survey of DeLand, Florida, 1986”

2. CONTRACT PERIOD:

The Contract period will be December 16, 2024 to May 30, 2025 or when work has been completed.

3. SCOPE OF WORK:

Deliverable Description Documentation

Provide a copy of the historic preservation consultant’s credentials and a survey timeline

One (1) copy of the historic preservation consultant's credentials; One (1) copy of the survey timeline.

Complete and submit five (5) FMSF forms, including maps and photographs, to the Division for review and approval and submit an outline of the survey report for review and comment.

Five (5) completed FMSF forms, including maps and photographs; One (1) digital copy of the outline of the survey report.

Complete and submit a complete draft survey report conforming to Chapter1A-46, FAC, to the Division for review and comment.

One (1) electronic copy of the complete draft survey report conforming to Chapter 1A-46,FAC.

Complete and submit a minimum of two hundred

(200) new/updated FMSF forms, including photographs and maps, and a final survey report, conforming to Chapter 1A-46, FAC, to the Division for review and approval. In addition, a Single Audit Form shall be completed by the Grantee and submitted along with the Final Progress Report prior to final payment; documentation to support all paid expenditures including detailed paid invoices, bank records, and canceled checks.

One (1) electronic and one (1) hardcopy of the minimum of two (200) new/updated FMSF forms, including photographs and maps; One (1) electronic and one (1) hardcopy of the final survey report, conforming to Chapter 1A-46,FAC; One

(1) Single Audit Form; One (1) copy of the final progress report; documentation to support all paid expenditures including detailed paid invoices, bank records, and canceled checks.

Survey standard and Guidelines outlined in Chapter 1A-46, Florida Administrative Code are available online at: https://dos.fl.gov/historical/grants/small-matching-grants/

A schedule for each deliverable will be agreed upon with the chosen consultant.

4. PROPOSAL SUBMITTAL:

Proposals must be submitted no later than 2:00 P.M. local time on November 21, 2024. If submitting paper proposals, three (3) copies, with the original marked “Original” must be provided, and must be accompanied by an equivalent electronic PDF file on a universal serial https://dos.fl.gov/historical/grants/small-matching-grants/

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“RFP-25-02 – Downtown Support Historic Resource Survey” and returned to:

Purchasing Manager DeLand City Hall, 2nd Floor 120 S. Florida Ave.

DeLand, FL 32720

All proposals received on or before the due date and time will be opened after 2:00 P.M. local time on November 21, 2024, at which time, the names of the firms submitting proposals will be read. No details of the proposals or the contents shall be disclosed until notice of intent to award or thirty (30) days after opening of the proposals, whichever occurs first, in accordance with Chapter 119.071 (1)(b)2, Florida Statutes.

*Note: Please ensure that if you use a third-party carrier (DHL Express, FedEx, UPS, USPS, etc.) that they are properly instructed to deliver your proposal only to the Purchasing Coordinator on the second (2nd) floor at the above address. Firms submitting proposals are advised that U.S. Postal Service 1st Class and Express mail is delivered to a P.O.

Box and is not delivered to the Purchasing Coordinator. Delivery via the USPS is at the Contractor’s risk. To be considered, a proposal must be accepted by the Purchasing Coordinator no later than the RFP closing date and time. If the proposal is delivered anywhere else, it may not reach the Purchasing Manager in time.

Electronic submission is now available on VendorLink at www.myvendorlink.com.

5. INFORMATION OR CLARIFICATION:

For information concerning procedures for responding to this proposal, contact Corey McMillen, Purchasing Manager at (386)-626-7078, or by email at mcmillenc@deland.org or purchasing@deland.org. Such contact shall be for clarification purposes only. Material changes, if any, to the specifications will be transmitted by written addendum through the Purchasing Coordinator. No interpretation of the meaning of a proposal, any correction of any apparent ambiguity, inconsistency or error therein, will be made by any firm submitting a proposal orally. Every request for an interpretation of this RFP must be in writing addressed to the Purchasing Manager at 120 S. Florida Ave., 2nd Floor, DeLand, FL 32720, or emailed to the attention of Corey McMillen at mcmillenc@deland.org or purchasing@deland.org. To be given consideration, such requests must be received in writing no later than five (5) business days prior to the date for opening of the proposals. All such interpretations and supplemental instructions will be in the form of written Addenda to the Proposal. Only the interpretation or correction so given by the Purchasing Manager in writing shall be binding.

Any addenda will be transmitted by written addendum through the Purchasing Manager and posted to the DemandStar website http://www.demandstar.com and on VendorLink at www.myvendorlink.com. The City will not notify Contractors of addenda. It is the sole responsibility of the Contractor to check the website prior to submitting a proposal to verify receipt of all documents to include written addenda.

Proposals will be reviewed, scored and ranked by a Selection Committee using the evaluation criteria as outlined herein, and the committee may conduct interviews from short-listed firms.

The Selection Committee will make recommendations to the DeLand City Commission, which http://www.myvendorlink.com/ mailto:mcmillenc@deland.org mailto:mcmillenc@deland.org mailto:purchasing@deland.org http://www.demandstar.com/ http://www.myvendorlink.com/

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The City will not be bound by oral explanations or instructions given at any time during the competitive process or afterward.

Rights to Submitting Material: All responses, inquiries or correspondence relating to or in reference to this RFP, and all other reports, charts, displays, schedules, exhibits and other documentation submitted by the Contractors will become the property of the City of Deland.

Contract Negotiation: The City at its sole discretion, reserves the right to enter into contract negotiations with the highest ranked, responsive, responsible firm. If the City and said firm cannot negotiate a contract, the City may terminate said negotiations and begin negotiations with the next highest ranked, responsive, responsible firm. This process will continue until a Contract acceptable to the City has been executed or all Proposals are rejected. No firm submitting a proposal shall have any rights against the City arising from such negotiations or termination thereof.

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PROPOSAL FORMAT

Interested Contractors who would like to be considered for this project should submit a Proposal accompanied by pertinent information relating to the company’s experience, qualifications, personnel, availability, and capability to provide and perform all of the professional services necessary to complete this project in an effective and timely manner. The Contractor’s Proposal shall include:

Tab 1. Letter of Introduction and Executive Summary The letter shall contain a summary of Contractor’s ability to perform the services described in the RFP, and confirm that the Proposer is willing to perform these services and enter into a Contract with the City. This letter must provide the names, title, phone, fax and email address for the person authorized to provide technical clarification regarding the proposal. This letter must be signed by an officer authorized to contractually obligate the submitting Contractor.

Tab 2. Table of Contents The table of contents should outline in sequential order the major areas of the proposal.

Tab 3: Qualifications and Experience Contractor should clearly and succinctly demonstrate its qualifications and experience to provide the services requested in this RFP. This section of the proposal should be no more than fifteen

(15) numbered pages and, at a minimum, should include the following information.

Firm background and experience: Contractor should provide a brief description of the firm’s background and history, including the number of years in business, size, range of activities, strength, stability, awards, and other recognition. Contractor should describe its past and ongoing experience providing services of a similar nature to those requested herein. The service descriptions should include the dates such services were provided, the number and types of customers, the type of service (manual or automated), and other relevant information. The contact person listed for each reference shall be someone who has a personal knowledge of the Contractor’s performance for the types of services required in this RFP. Current e-mail address/contact information must be provided.

Customer Service

Staff experience

Satisfactory past performance

Tab 4: Project Approach Contractor should clearly and succinctly describe how it will perform the services requested in this RFP. This section of the proposal should be no more than fifteen (15) numbered pages, excluding any financial statements, and, at a minimum, should include the following information.

Tab 5: Price Submittal Proposer must submit a Price with this RFP. Submitted price shall include all labor, materials, delivery/shipping, and equipment to perform all requirements and meet all specifications. The final selection of which residential service option to implement will be a policy decision made by the City, and at its sole discretion, and may not be based solely on price.

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Tab 6. Required Proposal Forms:

Signed Request for Proposals Acknowledgment of Terms, Conditions, and Addenda Reference Form W-9 Form Human Trafficking Affidavit

Contractor Affidavit Regarding Scrutinized Company List

Public-Entity Crimes Form Conflict of Interest Affidavit Non-Collusion Affidavit Drug-Free Workplace Form

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ACKNOWLEDGMENT OF TERMS, CONDITIONS, AND ADDENDA

PROMPT PAYMENT DISCOUNT

The City of Deland shall remit payment in accordance with the Florida Prompt Payment Act, Florida Statutes section 218.70. Contractors may offer cash discounts for prompt payment but they will not be considered in determination of award. If a bidder offers a discount, it is understood that the discount time will be from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.

* If Prompt Payment Discount is offered please state discount and terms:

ADDENDUM ACKNOWLEDGMENT:

Add. No.________ Dated_______________ / Add. No.________ Dated_______________

Add. No.________ Dated_______________ / Add. No.________ Dated_______________ I hereby acknowledge that I have read, understand, and agree to all terms, conditions, insurance, scope of work, specifications and pricing for Proposal # RFP-25-02 / Downtown Support Historic Resource Survey.

VENDOR NAME________________________________________________________

ADDRESS_____________________________________________________________

AUTHORIZED

SIGNATURE_______________________________________________________

PRINTED

SIGNATURE_________________________________DATE_____________________

TELEPHONE#________________________________FAX #____________________

EMAIL:_________________________________________________________________

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EVALUATION AND SELECTION PROCESS

Evaluation of proposals will be conducted by a Selection Committee comprised of qualified City staff. The committee will evaluate, score and rank all responsive proposals based upon the information and references contained in the proposals submitted. Once each member of the Selection Committee has rated each proposal and completed a rating sheet, a composite is developed which indicates the Committee’s collective ranking of proposals in a descending order.

Based on the response to this RFP, the Selection Committee will select and/or recommend to the City Commission a firm(s) qualified to provide to the City the services required under this RFP.

The following criteria will be used for evaluating Proposals for City of DeLand and will be based on certain objective and subjective considerations as listed below:

Price ……………………………………………………. up to 40 points

Project Approach …………………………………… up to 30 points

Qualifications and experience ………………………. up to 30 points

Maximum points ………………………………………….100 points

Award of this contract will be based on the evaluation criteria stated above.

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CITY OF DeLAND COMMISSION

INDEMNIFICATION AND INSURANCE REQUIREMENTS

INDEMNIFICATION

The City shall be held harmless against any and all claims for bodily injury, sickness, disease, death, personal injury, damage to property or loss of use of any property or assets resulting therefrom, arising out of or resulting from the performance of the products or from the services for which the City is contracting hereunder, provided such is caused in whole or in part by any negligent act or omission of the Contractor, or any subcontractor or any of their agents or employees, or arises from a job-related injury.

The Contractor agrees to indemnify the City and pay the cost of the City’s legal defenses, including fees of attorneys as may be selected by the City, for all claims described in the hold harmless clause herein. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City’s exclusive remedy.

It is agreed by the parties hereto that specific consideration has been received by the Contractor under this Contract for this hold harmless/indemnification provision.

INSURANCE REQUIREMENTS

The Contractor providing services under this Contract will be required to procure and maintain, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract, the following types of insurance. The policy limits required are to be considered minimum amounts:

General Liability Insurance policy with a $1,000,000 combined single limit for each occurrence to include the following coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering this contract, “X-C-U” hazards, and Errors & Omissions.

Auto Liability Insurance which includes coverage for all owned, non-owned and rented vehicles with a $1,000,000 combined single limit for each occurrence.

Workers’ Compensation and Employers Liability Insurance Workers Compensation insurance providing statutory benefits as required in the State of Florida. The Contractor shall require any subcontractor to provide evidence of this coverage. Additionally, if the contract requires working on or around a navigable waterway, the Contractor and all subcontractors shall provide evidence of United States Longshoremen’s and Harbor Workers (USL&H) coverage and contingent coverage of Jones Act (Marine Employers Liability) in compliance with Federal statutes or proof of exemption. The Contractor shall be responsible for compliance with these requirements by each subcontractor, Contractor or supplier when applicable.

In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the Contractor shall also be protected by a Professional Liability Insurance Policy in the amount of $1,000,000 per claim.

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In the event the contract involves services related to construction projects, the Contractor shall also procure and maintain a Builders Risk Insurance Policy or Installation Floater with loss limits equal to the value of the construction project.

In addition to the above, Specialty Insurance policies covering specific risks of loss (including but not limited to, for example; Longshore coverage, Crane and Rigging, Inland Marine, etc.)

may be required by City of Deland Risk Management. Any additional specialty insurance coverage requirement will be dictated by the specific goods, products or services provided under the subject contract and insurance underwriting standards, practices, procedures or products available in the commercial insurance market at the time of the contract inception.

The Contractor is required to procure and maintain all such specialty coverage in accordance with prudent business practices within the Contractors industry.

The Contractor shall have five (5) days to provide certificates of insurance to the City demonstrating that the aforementioned insurance requirements have been met prior to the commencement of work under this contract. The certificate(s) of insurance (COI) shall indicate that the General Liability Insurance and Auto Liability Insurance policies have been endorsed to cover the City of Deland City Commissioners as an additional insured (a waiver of subrogation in lieu of additional insured status on the workers compensation policy is acceptable) and that these policies may not be canceled or modified without thirty (30) days prior written notice to the City.

The insurance coverage enumerated above constitutes the minimum requirements and shall in no way lessen or limit the liability of the Contractor under the terms of the contract.

Subcontractor’s insurance shall be the responsibility of the Contractor.

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CONTRACTOR AFFIDAVIT REGARDING SCRUTINIZED COMPANY LIST

Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S. If the Contract is for more than $1,000,000 the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S.

For Contracts of any amount, if the City determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the City shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the City may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the City determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the City shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the City may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met.

STATE OF FLORIDA

CITY OF __________________

BEFORE ME, the undersigned authority, personally appeared

____________________________________________, who, being by me first duly sworn, made the following statement:

1. The Business address of (name of bidder or

Contractor) is .

2. My relationship to ______________________________________(name of bidder or

Contractor) is (relationship such as sole proprietor, partner, president, vice president).

3. I understand that “Boycott of Israel” has the same meaning as defined in §215.4725, Florida Statutes, and means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a

14 | P a g e company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered by the State Board of Administration to be evidence that a company is participating in a boycott of Israel. The term does not include restrictive trade practices or boycotts fostered or imposed by foreign countries against Israel.

4. I understand that “business operations” means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce.

5. __________________________ (name of the bidder or Contractor) is not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

6. __________________________ (name of the bidder or Contractor) is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, Florida Statutes.

7. __________________________ (name of the bidder or Contractor) is not engaged in business operations in Cuba or Syria.

Signature

Sworn to and subscribed before me in the state and City first mentioned above on the ___________ day of ____________________, 20____.

Notary Public

My commission expires:

(AFFIX SEAL or STAMP) http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0215/Sections/0215.473.html

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CONFLICT OF INTEREST AFFIDAVIT

By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;

and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed.

Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Finance Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration.

Company Address

Authorized Signature City, State, Zip Code

Printed Name & Title Telephone No.

Email Fax No.

State of _______________________ ) City of _____ ________________ )

SUBSCRIBED AND SWORN to before me this ____ day of ________________ , 2024, by

____________________________ , who is personally known to me to be the

_____________________ for the Firm, OR who produced the following identification:

Notary Public

My Commission Expires:

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NON-COLLUSION AFFIDAVIT

State of _________________)

City of_________________)

________________________________________________ being first duly sworn, deposes and says that:

(1) He/she is the _________________, (Owner, Partner, Officer, Representative or Agent) of

______________________________ __, the Contractor that has submitted the attached Proposal;

(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

(3) Such Proposal is genuine and is not a collusive or sham Proposal;

(4) Neither the said Contractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Contractor, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Contractor, firm, or person to fix the price or prices in the attached Proposal or of any other Contractor, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Contractor, or to secure trough any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work;

(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Contractor or any other of its agents, representatives, owners, employees or parties in interest, including this affiant.

By:__________________________________

Signature of Individual

Printed Name of Individual

Title of Individual

Signed, sealed and delivered in the presence of:

Witness Witness

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State of

County of ______________

The foregoing instrument was acknowledged before me this ________ day of _____________, 2024 by ________________________________________________, who is personally known to me or who has produced ___________________ as identification and who did (did not) take an oath.

WITNESS my hand and official seal.

NOTARY PUBLIC

(Name of Notary Public: Print, Stamp, or Type as Commissioned)

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PUBLIC ENTITY CRIME FORM

Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes:

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/quote/proposal on a contract to provide goods or services to a public entity, may not submit a bid/quote/proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids/quotes/proposals on leases of rental 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.

Acknowledged: Date:

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CITY OF DeLAND

CONFIRMATION OF DRUG-FREE WORKPLACE FORM

In accordance with Section 287.087, Florida Statutes, "[w]henever two or more bids are equal with respect to price, quality, and service which are received by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order 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 one (1).

(4) In the statement specified in subsection one (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee 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, any 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 that this firm complies with the above requirements and the Florida Statutes Section 287.087. This form is in conjunction with The City of

DeLand’s General Conditions, Drug-Free Workplace.

Business Name Bid Number and Name

Authorized Representative’s Signature Date

Name Position

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REFERENCE FORM

List a minimum of three (3) / maximum five (5) customers for the services specified in the solicitation in the spaces provided.

Note: A contact person shall be someone who has personal knowledge of the Contractor’s performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. Do no list persons who will be unable to answer specific questions regarding the requirements.

Ref #1. Customer/Client:_______________________________________________________________

Date of Services:______________________________________________________________ Description of Services:_________________________________________________________ Street Address:________________________________________________________________ City, State, ZIP Code:___________________________________________________________ Telephone #:______________________________ Fax #:______________________________ Contact Person: ___________________________ Email:______________________________

Ref #2. Customer/Client:_______________________________________________________________

Description of Services:_________________________________________________________ Street Address:________________________________________________________________ City, State, ZIP Code:___________________________________________________________

Ref #3. Customer/Client:_______________________________________________________________

Description of Services:_________________________________________________________ Street Address:________________________________________________________________ City, State, ZIP Code:___________________________________________________________

Ref #4. Customer/Client:_______________________________________________________________

Description of Services:_________________________________________________________ Street Address:________________________________________________________________…