RFQ 2025-13 Building Department Services - FINAL.pdf

OKEECHOBEE COUNTY

Okeechobee County

Building Department Services

RFQ #2025-13

RFP PUBLICATION DATE:

RFI/QUESTION DEADLINE:

ADDENDA DEADLINE:

BID OPENING DEADLINE:

September 3, 2025 @ 3:00PM

September 24, 2025 @ 3:00 PM

October 1, 2025 @ 5:00 PM

October 15, 2025 @ 3:00 PM

Brooke Bodden, Purchasing Agent 304 NW 2nd Street

Okeechobee, FL 34972 863-763-6441 x 2113 jbodden@okeechobeecountyfl.gov mailto:jbodden@okeechobeecountyfl.gov

PUBLIC NOTICE

OKEECHOBEE COUNTY, FLORIDA

REQUEST FOR QUALIFICATIONS

BUILDING DEPARTMENT SERVICES

Okeechobee County RFQ # 2025-13

Notice is hereby given that Okeechobee County, Florida, is inviting interested firms to submit qualifications documents to provide Building Department Services, including the intake and review of building permit applications, the issuance of building permits, plans review services, building inspection services, building official services and contractor licensing services.

Qualifications documents to provide Building Department Services within the scope of this Request for Qualifications (RFQ) shall include a letter of transmittal, organizational profile and Firm's qualifications, resumes of individuals to perform the work, scope of services proposed, public entity crimes affidavit, and other pertinent data as outlined in the information regarding the Firm.

Interested firms shall submit three (3) bound copies, one (1) original, and one (1) electronic copy (PDFA) format in a sealed enclosure bearing the name and address of the responding firm and the words BUILDING DEPARTMENT SERVICES prior to 3:00 p.m. local time on Wednesday, October 15, 2025 at the Okeechobee County Historic Courthouse, 304 NW 2nd Street, Room 123, Okeechobee, FL 34972. Submittals received after the time and date specified will not be considered. No pre-submittal meeting will be held.

Okeechobee County accepts no responsibility for any expense related to preparation or delivery of qualifications documents. Okeechobee County reserves the right to reject any and all submittals, to waive technical errors and informalities in any or all qualifications documents, to re-advertise for RFQs, and to accept the submittal or any portions thereof, which, in its sole judgment, best serves the public interest.

An RFQ document can be obtained from the County website at www.okeechobeecountyfl.gov Click on Bids and Proposals on the homepage.

Direct RFQ inquiries to Brooke Bodden, Purchasing Agent, at (863) 763-6441 ext. 2113 or by email to jbodden@okeechobeecountyfl.gov.

Okeechobee County is an Equal Employment Opportunity Employer.

David E. Hazellief, Chair Board of County Commissioners Okeechobee County, Florida Publish: September 3, 2025

Jerald D. Bryant, Clerk and Comptroller Board of County Commissioners Okeechobee County, Florida http://www.co.okeechobee.fl.us/ mailto:planning@co.okeechobee.fl.us

Okeechobee County RFQ # 2025-13, Building Department Services

OKEECHOBEE COUNTY, FLORIDA

REQUEST FOR QUALIFICATIONS

BUILDING DEPARTMENT SERVICES

Okeechobee County RFQ # 2025-13

INTRODUCTION AND BACKGROUND

With this Request for Qualifications (RFQ), Okeechobee County is soliciting submittals from qualified firms to provide complete Building Department Services for unincorporated Okeechobee County, Florida. The successful firm will provide all professional and technical services for operating a building department, including intake and review of building permit applications, issuance of building permits, review of construction plans, performing building inspections, services pertaining to contractor licensing, and acting as County Building Official in accordance with Chapter 468.604, F.S. and functioning as the director of the Building Department.

The agreement for the provision of Building Department Services shall be for a term of five (5) years and shall continue until either party gives no less than sixty (60) days advance written notice of termination, subject to continuation of all terms and conditions, including pricing. There will be no guaranteed contract amount.

Okeechobee County, Florida, is a rural county in south-central Florida, on the north shore of Lake Okeechobee. The permanent population is around 41,000.

The table below shows the number of permit applications received, the number of building inspections performed, and total revenues from building permit, inspection and contractor licensing related activities for the last five full fiscal years, and the first six months of the current fiscal year.

2019/20 2020/21 2021/22 2022/23 2023/24 2024/25

Oct. - July.

Applications 3,251 3,732 3,486 3,442 2,882 1,981

Inspections 6,727 6,939 8,826 9,173 10,332 8,066

Revenues $707,511 $974,225 $935,653 $1,253,272 $1,802,914 $1,602,284

• Please note: FY23/24 permit applications included those by subcontractors. With the implementation of our new permitting software in FY24/25, permit applications for subcontractors will be entered as individual permits as it was prior to FY23/24.

SCOPE OF SERVICES

The successful respondent will provide the full and complete services necessary to operate a County Building Department, such as:

1. Provide Building Official Services in accordance with Chapter 468.604, F.S.

2. Provide permit technicians or other staff for permit application intake, permit issuance, collection of fees, customer contacts and other related activities in operating the front office of a building department that operates weekdays, except holidays, from 8:00 a.m. to 5:00 p.m.

3. Review and process construction plans for issuance of building permits under the

Florida Building Code (structural, electrical, mechanical, plumbing, floodplain management), including applications for all required certificates, licenses, and registrations.

4. Review plans for compliance with applicable county, state and federal codes and regulations and other building code requirements.

5. Perform all required building inspections associated with issued building permits in a timely manner, including inspections for compliance with county codes (structural, electrical, mechanical, plumbing, floodplain management, landscaping and zoning).

6. Perform other inspections as needed, including for existing buildings, business tax receipts, housing programs and the like.

7. Provide contractor licensing services including serving as staff to the local Construction Industry Licensing Board.

8. Maintain records of inspections and investigations.

9. Review and maintain all records required by the Federal Emergency Management

Agency (FEMA) in association with processing of building permits and elevation certificates.

10. Contact and meet with county officials, contractors, architects, engineers, business owners, and residents about construction projects, code questions, and other concerns and attend county site plan technical review committee meetings.

11. Be available for emergency response when requested by the county during duty and after duty hours and during states of emergency.

The County will provide the office environment, including the permitting software, work spaces, desktop computers, local phone service, records retention, copiers, printers, and the like. The County will collect all fees. The County will provide access including remote access to the permitting software.

The successful respondent will provide consumable office products and materials and materials necessary for use by the Building Official, building inspectors and plans reviewers, including vehicles, ladders, cell phones and tablets. Cell phone numbers shall be provided to the County.

Vehicles necessary to perform the services shall be maintained at the expense of the successful Firm.

Vehicles shall be kept clean, in good repair, free from leaking fluids, properly registered and insured, and shall bear the name of the company on each side of the vehicle.

While performing services outside of the office, all personnel shall wear a uniform shirt with the name or logo of the successful respondent identified on the shirt.

GENERAL RFQ PROVISIONS

Required Forms: Respondents shall submit the following executed with their qualifications documents.

• Public Entity Crimes (Exhibit A)

• E-Verify Form (Exhibit B)

• Non-Collusion Affidavit (Exhibit C)

• Drug Free Workplace Form (Exhibit D)

• Truth-In Negotiations Form (Exhibit E)

• Proof of Insurance

Addenda: Each respondent shall examine all documents associated with this RFQ and independently evaluate its provisions. Any inquiries concerning interpretation or clarification of information contained in the RFQ shall be directed to the Purchasing Agent, Brooke Bodden by email to jbodden@okeechobeecountyfl.gov

Should substantive issues relating to this RFQ arise as a result of such inquiries received prior to 3:00 p.m. on September 24, 2025, a written addendum providing appropriate interpretation, clarification and/or additional information will be issued on or prior to October 1, 2025. Any addenda shall be posted on the County website, https://www.bidnetdirect.com/florida/okeechobeecounty. However, it is the responsibility of all respondents to verify all addenda prior to submitting a response to the RFQ.

Legal Name: Submitted qualifications documents shall clearly indicate the legal name, address and telephone number of the firm, company, partnership and/or individual submitting the response.

Submittals shall be signed in ink above the typed or printed name and title of the signatory who shall possess the authority to bind the respondent to the qualifications documents that are submitted. The submittal shall contain a statement that the respondent has received and fully understands the information contained in the RFQ and related documents.

Preparation Expenses: All expenses associated with the preparation and submission of qualifications documents in response to this RFQ shall be borne by the respondent.

Reservation of Rights: Okeechobee County hereby reserves the right to conduct such investigation(s) as it deems appropriate to determine the ability and capacity of any respondent to perform the work or provide the services required for this project.

Applicable Law: All laws and regulations of the federal, state and/or Okeechobee County governments shall apply to any contract for services which is let pursuant to this RFQ. The venue for any action arising out of such contract shall lie solely in the circuit court in and for Okeechobee mailto:jbodden@okeechobeecountyfl.gov https://www.bidnetdirect.com/florida/okeechobeecounty

County.

Insurance: The selected firm shall not commence work under any contract for services until valid proof of insurance is submitted as follows:

1. Professional Liability: $1,000,000 (minimum) Combined Single Limits (CSL)

2. General Liability: Bodily injury and property damage $500,000 (minimum) Combined Single

Limits (CSL).

3. Automotive & Automotive Equipment: $300,000 (minimum) Combined Single Limits (CSL) for bodily injury; to include hired and non-owned.

4. Worker's Compensation: As required by Chapter 440, Florida Statutes.

5. Okeechobee BOCC to be named as additional insured for general liability and automotive coverages.

Indemnification: Any contract negotiated with the selected firm shall contain a provision which indemnifies and holds harmless Okeechobee County, its officers and employees from and against all claims, suits, sanctions, damages or causes of actions resulting from any personal injury, loss of life or damage to property which results from the performance of services by said firm.

E-Verify: Any contract negotiated with the selected firm shall contain a provision to utilize the U.S.

Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the selected firm during the term of the contract.

Proprietary Information: In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all respondents should be aware that the Request for Qualifications and the responses are in public domain.

However, the respondents are requested to identify specifically any information contained in their submittals which they consider confidential and which they believe to be exempt from disclosing, citing specifically the applicable exempting law.

All documents received from respondents in response to this Request for Qualifications will become the property of Okeechobee County and will not be returned to the respondents. In the event of a contract award, all documentation produced as part of the contract will become the exclusive property of the County, unless otherwise specified in the Contract.

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 AGREEMENT, CONTACT THE COUNTY'S

CUSTODIAN OF PUBLIC RECORDS AT: RECORDS MANAGEMENT LIAISON

OKEECHOBEE COUNTY, 304 NW 2ND STREET OKEECHOBEE, FLORIDA 32972.

TELEPHONE: (863) 763-6441

EMAIL: PUBLICRECORDS@OKEECHOBEECOUNTYFL.GOV

mailto:PUBLICRECORDS@OKEECHOBEECOUNTYFL.GOV

QUALIFICATIONS AND EXPERIENCE

Firms desirous of providing professional services to the County shall submit a summary of their qualifications to do so, including the following information:

Company Qualifications:

A brief but complete history of your company, including:

• Qualifications, experience and expertise of your company as a whole.

• Qualifications, experience and expertise of the individual employees who will provide the services to the county including general and specialty certifications.

Experience with other entities:

A list of similar services provided to municipalities and other governmental entities in Florida, including the following information:

• Name of the entity for which the work was performed.

• Brief description of the scope of the work.

• Name of contact person with the entity and current telephone number who can knowledgeably discuss your firm's role and performance in the project (minimum of 3 references).

Other relevant information:

Provide any other information the firm feels is relevant to evaluating the firm's qualifications for the provision of these services to the county.

Supervision and Personnel:

Respondent must demonstrate how the operation will be supervised and what quality control policies will be in place for the service.

Records:

Respondent shall be required to maintain records in accordance with local, state, and federal public records retention requirements and shall be required to provide copies of public records upon request in accordance with local, state and federal law.

EVALUATION OF SUBMITTALS

Responses to provide the required professional services shall be evaluated in accordance with Okeechobee County policy governing acquisition of professional services.

A Professional Services Evaluation Committee (PSEC), appointed by the County Administrator, shall review all submittals. The PSEC shall evaluate statements of qualifications and experience and shall conduct discussions with not less than three (3) firms regarding their qualifications, approach to the project, and ability to provide the required professional services. Evaluation shall include, but not be limited to:

1. Ability of professional personnel to perform the services;

2. Participation of certified minority business enterprise;

3. Past record with the Board and/or other government agencies with respect to quality and timeliness of services;

4. Willingness and ability to meet time and budget requirements;

5. Location;

6. Recent, current and projected workload of the firm:

The PSEC, following the evaluation procedure set forth herein, shall recommend in order of preference a listing of at least three (3) firms deemed most qualified to provide the required professional services together with a listing of all other certified firms responding to the public notice.

The public shall not be excluded from the proceedings under this section.

The PSEC shall forward its recommendation(s) to the County administrator for submission to the Board. The Board shall approve the PSEC recommendations(s) as submitted or may, following public presentations by not less than three (3) certified firms, approve in order of preference a modified listing of not less than three (3) firms deemed most qualified to provide the required services.

COMPETITIVE NEGOTIATION

Following Board approval, in order of preference, of at least three (3) firms deemed to be most highly qualified to provide the required professionals services, the County administrator shall initiate contract negotiations with the most highly qualified firm to establish terms of engagement and compensation which is determined to be fair, competitive, and reasonable. Such determination shall be based upon a detailed analysis of the professional services required in addition to consideration of the scope and complexity of the project.

In the event that negotiations with the most qualified firm are unsuccessful, the County Administrator shall formally terminate negotiations with that firm, subject to confirmation by the Board, and initiate negotiations with the second most qualified firm. In the event that negotiations with the second most qualified firm are unsuccessful, the County Administrator shall formally terminate negotiations with that firm, subject to confirmation by the Board, and initiate negotiations with the third most qualified firm.

In the event that negotiations with the third most qualified firm are unsuccessful, the County Administrator shall formally terminate negotiations with that firm, subject to confirmation by the Board, and request approval of additional firms, continuing negotiations in accordance with this procedure until agreement is reached.

PROHIBITION AGAINST CONTINGENT FEES

Each contract for professional services shall contain a prohibition against contingent fees as follows:

"The (professional services provider) warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the (professional services provider) to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the (professional services provider) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement."

The County anticipates the following procurement schedule for the project:

Description Date Time Release of RFP 09/03/2025 8:00am

Pre-Proposal Conference N/A N/A

Deadline for Written Questions 09/24/2025 3:00pm

Collective Responses to Questions 10/01/2025 5:00pm

Proposal Due/Close Date & Time 10/15/2025 3:00pm

Evaluation Phase 1 - Committee Meeting TBD TBD

Evaluation Phase 2 – Presentations TBD TBD

Ranking Consultants (Shortlist) 4 weeks TBD

County Commission Approval 5-6 weeks N/A

Negotiate Contract Terms 6-8 weeks N/A

Notice of Intent to Award 8 weeks N/A

Notice of Award Date of Executed Contract N/A

[1056-00023600.1ADMIN]

EXHIBIT A

SWORN STATEMENT ON PUBLIC ENTITRY CRIMES UNDER

FLORIDA STATUTES CHAPTER 287.133(3)(a).

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER

AUTHORIZED TO ADMINISTER OATHES.

1. This sworn statement is submitted with RFQ No. 2025-13 Building Department Services.

2. The sworn statement is submitted by (name of entity submitting sworn statement) Whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is . (If the entity has no FEIN, include the Social Security Number of the individual signing the sworn statement:

3. My name is and my (Please print name of individual signing) relationship to the entity named above is

4. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United State, including. But not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that a “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

6. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime: or

2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate’ includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among people when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate.

7. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enters a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.)

Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting the sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.)

There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)

The person or affiliate has not been placed on the convicted vendor list.

(Please describe any action taken by or pending with the Department of General Services.)

(Signature)

DATE:

STATE OF )

) ss.

COUNTY OF )

The foregoing instrument was acknowledged before me this day of

,2025 by , Who is personally known to me or who has produced , As identification and who did (did not) take an oath.

(Signature of person taking acknowledgment)

(Name of officer taking acknowledgment)

(Title or Rank)

EXHIBIT B

E-VERIFY AFFIRMATION STATEMENT

This sworn statement is submitted with RFQ No. 2025-13 Building Department Services.

Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of,

a) all persons employed by Contractor/Proposer/Bidder to perform employment duties within Florida during the term of the Contract, and;

b) all persons (including subcontractors/vendors) assigned by the Contractor/Proposer/Bidder to perform work pursuant to the Contract.

The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the Contract is a condition of the Contract.

(Subcontractor’s Names)

To comply with such act or regulation.

CONTRACTOR

BY:

ATTEST Signature

(corporate seal)

ATTEST DATE

EXHIBIT C

NON-COLLUSION AFFIDAVIT

The undersigned Bidder/Proposer has not divulged, discussed or compared his/her/its Bid with any other Bidder and has not colluded with any other Bidder or parties to this Bid whatsoever.

Name of Bidder:

Signature:

PRINT Name:

Title:

Date:

STATE OF FLORIDA

COUNTY OF

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or

☐ online notarization, this day of , 20 , by on

Behalf of (business entity).

Personally Known OR Produced Identification

Type of Identification produced:

[Notary Seal]

Signature of Notary Public

PRINT Name of Notary Public:

My commission expires:

EXHIBIT D

DRUG-FREE WORKPLACE FORM

The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does:

(Name of Business)

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

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

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

4. In that statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the 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 1893 or of any controlled substance law of the United State or any state, for a violation occurring in the workplace on 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 a person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Bidder’s Signature

Date

EXHIBIT E

375-030-30

PROCUREMENT

05/14

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TRUTH IN NEGOTIATION CERTIFICATION

Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement.

The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project’s agreement are accurate, complete, and current at the time of contracting.

The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later.

Name of Consultant

By:

Date

EXHIBIT F

–[Name of successful bidder]

INDEPENDENT CONTRACTOR'S AGREEMENT

THIS INDEPENDENT CONTRACTOR’S AGREEMENT (hereinafter this “Agreement”) is made and entered into this day of 20 , [**OR** effective the day of , 20 ] by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida (hereinafter the "COUNTY") and , a Florida corporation [**OR** a Florida Limited Liability Company **OR** a corporation authorized to do business in the State of Florida] (hereinafter "CONTRACTOR").

WITNESSETH

WHEREAS, the COUNTY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of Okeechobee County; and

WHEREAS, the COUNTY has the full power and authority to enter into the transactions contemplated by this Agreement; and

WHEREAS, CONTRACTOR is in the business of [...] in Okeechobee County and elsewhere in the State of Florida; and

WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which CONTRACTOR operates; and

WHEREAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies with regard to the use of the E-Verify system by their contractors and subcontractors; and

WHEREAS, Section 286.101, Florida Statutes contains a list of “foreign countries of concern” including, the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such “foreign country of concern”. Any entity that does business with a state agency or political subdivision must disclose certain of their dealings with those “foreign countries of concern” to the Florida Department of Financial Services; and

[CHOOSE ONE OF THE FOLLOWING 5 RECITALS, DEPENDING UPON THE

SITUATION:]

WHEREAS, this Agreement satisfies the Okeechobee County Procurement Policy, in that procurements of not more than $1,000.00 may be made without vendor competition; and

[***OR***] WHEREAS, the COUNTY has complied with its Procurement Policy by acquiring at least three (3) written quotations within five (5) business days for the item(s) or service(s) to be purchased, for the project identified as ; and

[***OR***] WHEREAS, CONTRACTOR was the successful proposer for an advertised Request for Proposals identified as {insert name and number} which satisfies the COUNTY’s Procurement Policy; and [***OR***] WHEREAS, CONTRACTOR was the successful bidder of a project competitively bid and identified as {insert bid or RFP # and insert name} which satisfies the COUNTY’s Procurement Policy; and

[***OR***] WHEREAS, CONTRACTOR was the successful bidder of a project competitively bid by the {insert name of city or county or other governmental agency} and identified as {insert name and number of bid}. As such award by another governmental agency satisfies the COUNTY's Procurement Policy, and CONTRACTOR agrees to provide such goods and services as more particularly hereinafter described and under the terms and conditions set forth in the contract with the {insert name of city or county or other governmental agency}, as detailed by this Agreement; and

[***OR***] WHEREAS, the services subject to this Agreement are considered by the COUNTY to fall under exemption XIII.9. to the County’s December 22, 2022, Procurement Policy, in that CONTRACTOR has provided considerable services to the COUNTY in the past and has a great knowledge about the and the location where the installation, programming, and servicing will take place; accordingly, CONTRACTOR was procured to maintain standardization of services; and

WHEREAS, CONTRACTOR agrees to provide such goods and services as more particularly described in this Agreement, as well as in any bid or quotation documents [*OR** proposal documents] issued in connection with this project.

NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, the parties agree as follows:

1. Recitals. The foregoing recitals are true and correct, constitute a material inducement to the parties to enter into this Agreement, and are hereby ratified and made a part of this Agreement.

2. Description of Work.

a. The COUNTY hereby retains CONTRACTOR to furnish [goods and] services as described in the

Scope of Services, which is attached hereto as Exhibit "A" and incorporated herein by reference.

Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in Exhibit "A" will be resolved in favor of the body of this Agreement.

b. CONTRACTOR must provide all permits, labor, materials, equipment, and supervision necessary for the completion of the Scope of Services, unless specifically excluded.

c. CONTRACTOR must also comply with, and abide by, all requirements as contained in any invitation to bid (ITB), request for proposals (RFP), request for qualifications (RFQ), bid specifications, engineering plans, shop drawings, material lists, or other similar documents issued for this project by the COUNTY, together with any addenda, hereinafter the “Bid Documents, as applicable.” The Bid Documents, if applicable, are hereby incorporated into this Agreement by reference and are declared to be material part of this Agreement.

3. Commencement and completion/Term.

a. CONTRACTOR must commence work under this Agreement immediately upon receipt by

CONTRACTOR of the Notice to Proceed and must complete the work not later than [...] calendar days thereafter. [sometimes, depending upon the bid, we will add this sentence: “Final Completion must be achieved ( ) calendar days after Substantial Completion date”]

b. Liquidated damages will be assessed against CONTRACTOR in the amount of [$. ... ] per day, for each day after [ ] that the work contemplated by this Agreement is incomplete.

c. [AND/OR use Term below]

This Agreement has a Term of [ ...] year, beginning [ ... ] and ending [ ], and may be renewed for up to two (2) additional one (1) year Terms, upon agreement of the parties in writing. [**OR** unless sooner terminated under the terms of this Agreement.]

4. Payment.

a. The COUNTY agrees to compensate CONTRACTOR, for work actually performed under this

Agreement, at the rate or basis described in Exhibit " ", which is attached hereto and incorporated herein by reference. CONTRACTOR must perform all work required by the Scope of Services, but in no event will CONTRACTOR be paid more than the negotiated amount set forth in Exhibit “ ”. [**OR CONTRACTOR must perform all work required by the Scope of Services, but in no event will CONTRACTOR be paid more than the negotiated amount of

b. Progress payments, if any, will be made as set forth in Exhibit “ ”.

c. The COUNTY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR’s obligations. CONTRACTOR must, without additional compensation, correct and revise any errors, omissions, or other deficiencies in its work product, services, or materials arising from the error or omission or negligent act of CONTRACTOR.

5. Acceptance of work product, payment, and warranty. Upon receipt of a periodic work product or notice that work has progressed to a point of payment in accordance with Exhibit “A” attached or the Bid Documents, if any, together with an invoice sufficiently itemized to permit audit, the COUNTY will diligently review those documents. When it finds the work acceptable under this Agreement the installment payment, found to be due to CONTRACTOR, will be paid to CONTRACTOR within thirty (30) days after the date of receipt of the invoice, unless another payment schedule is provided in Exhibit “A”. CONTRACTOR warrants that the data utilized by

CONTRACTOR (other than as provided by the COUNTY) is from a source, and collected using methodologies, which are generally recognized in CONTRACTOR’s industry or profession to be a reliable basis and foundation for CONTRACTOR’s work product. CONTRACTOR must notify the COUNTY in writing if it appears, in CONTRACTOR’s professional judgement that the data or information provided by the COUNTY for use in CONTRACTOR’s work product is incomplete, defective, or unreliable. CONTRACTOR guarantees to amend, revise, or correct to the satisfaction of the COUNTY any error appearing in the work as a result of CONTRACTOR’s failure to comply with the warranties and representations contained herein. Neither inspection nor payment, including final payment, by the COUNTY will relieve CONTRACTOR from its obligations to do and complete the work product in accordance with this Agreement. [**OR**]

a. Acceptance, final payment, and performance guarantee. Upon receipt of written notice that the work is ready for final inspection and acceptance, the COUNTY will promptly make such an inspection. When it finds the work acceptable under this Agreement and the contract fully performed, it will promptly issue a final certificate stating that the work provided for in this Agreement has been completed, and acceptance by the COUNTY under the terms and the conditions thereof, is recommended and the entire balance, found to be due to CONTRACTOR, will be paid to CONTRACTOR within thirty (30) days after the date of the final certificate.

Before issuance of final certificate, CONTRACTOR must submit an affidavit satisfactory to the COUNTY that all payrolls, subcontractors, materialmen, and other similar bills and indebtedness connected with the work have been paid. CONTRACTOR guarantees to repair, replace or otherwise make good to the satisfaction of the COUNTY any defect in workmanship or material appearing in the work; and further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment, by the COUNTY will relieve CONTRACTOR from its obligations to do and complete the work in accordance with this Agreement. If the COUNTY deems it inexpedient to require CONTRACTOR to correct deficient or defective work, the COUNTY will make an equitable deduction from the contract price, or, in the alternative, the COUNTY may seek damages. [**OR**]

b. Payment and performance guarantee. When the COUNTY finds the work acceptable under this Agreement, the monthly installment will be paid to CONTRACTOR. CONTRACTOR guarantees the successful performance of the work for the service intended. If the COUNTY deems it inexpedient to require CONTRACTOR to correct deficient or defective work, the COUNTY may make an equitable deduction from the contract price, or, in the alternative, the COUNTY may seek damages. [**OR**]

c. Acceptance of work product, payment, and warranty. When the COUNTY receives an invoice sufficiently itemized to permit audit, the COUNTY will diligently review the invoice. When the COUNTY finds the invoice acceptable and finds the products and services acceptable, the installment payment will be paid to CONTRACTOR within thirty (30) days after the date of receipt of the invoice, unless another payment schedule is provided in Exhibit “A.”

CONTRACTOR guarantees the successful performance of the work for the products and services intended. If the COUNTY deems it inexpedient to require CONTRACTOR to correct deficient or defective work, the COUNTY may make an equitable deduction from the contract price, or, in the alternative, the COUNTY may seek damages. CONTRACTOR warrants that the data utilized by CONTRACTOR (other than as provided by the COUNTY) is from a source, and collected using methodologies, which are generally recognized in CONTRACTOR’s industry or profession to be a reliable basis and foundation for CONTRACTOR’s work product. CONTRACTOR must notify the COUNTY in writing if it appears, in CONTRACTOR’s professional judgement that the data or information provided by the COUNTY for use in CONTRACTOR’s work product is incomplete, defective, or unreliable. CONTRACTOR guarantees to amend, revise, or correct to the satisfaction of the COUNTY any error appearing in the work as a result of CONTRACTOR’s failure to comply with the warranties and representations contained herein. Neither inspection nor payment, including final payment, by the COUNTY will relieve CONTRACTOR from its obligations to do and complete the work product in accordance with this Agreement.

6. Termination.

a. Termination at Will: This Agreement may be terminated by the COUNTY in whole or in part at any time without cause by the COUNTY giving written notice to CONTRACTOR not less than 30 days prior to the date of termination; provided, however, that in such event, neither party will be relieved from its rights or obligations of this Agreement through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery.

b. Termination for Cause: This Agreement may be terminated by either party for cause by the

COUNTY or CONTRACTOR giving written notice to the other party not less than 10 days prior to the date of termination; provided, however, that in such event, neither party will be relieved from its rights or obligations of this Agreement through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery.

7. Project management.

a. The Project Managers for this project are as follows. Any subsequent changes to the Project

Manager for either party may be provided by notice as described in paragraph 8 below and does not require an amendment to this Agreement.

b. COUNTY’s Project Manager is: [...].

c. CONTRACTOR’s Project Manager is: [...].

8. Notices. All notices to the parties under this Agreement must be in writing and sent certified mail to:

a. To COUNTY: Okeechobee County Board of County Commissioners, Attention: County Administrator, 304 NW 2nd Street, Okeechobee, Florida 34972;

b. To CONTRACTOR: [...], Attention: [...], President, [insert street address], [insert city, state, zip].

9. Insurance.

a. CONTRACTOR must maintain such insurance as will fully protect both CONTRACTOR and the COUNTY from any and all claims under any Workers Compensation Act or Employers

Liability Laws, and from any and all other claims of whatsoever kind or nature to the damage or property, or for personal injury, including death, made by anyone whomsoever, that may arise from operations carried on under this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them.

b. [Unless otherwise directed, we will use this subparagraph for what PRM calls “minor contracts”

- Guide 1 - project cost will not exceed $50,000.00; project will not exceed 30 calendar days] The insurance coverage required by this Agreement must not be less than the amounts described in the Bid Documents. If the Bid Documents do not state an insurance requirement or the amount of insurance, then the amount of insurance required by this Agreement must not be less than:

i. Workers’ Compensation (unless exempt) with Employers’ Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease;

ii. Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project/work in the amount of $600,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at $100,000.00;

iii. Commercial Automobile Liability Insurance with a limit of not less than $300,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage; and

iv. Fire damage liability shall be included at $300,000.00.

c. [**OR** Unless otherwise directed, use this subparagraph for what PRM calls “average contracts” - Guide II - project cost is between $50,000 and $500,000; project will not exceed 180 calendar days] The insurance coverage required by this Agreement must not be less than the amounts described in the Bid Documents. If the Bid Documents do not state an insurance requirement or the amount of insurance, then the amount of insurance required by this Agreement must not be less than:

i. Workers’ Compensation (unless exempt) with Employers’ Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease;

ii. Commercial General Liability (CGL) insurance with a limit of not less than $500,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project/work in the amount of $1,000,000.00. Products and completed operations aggregate shall be $1,000,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at $100,000.00.

iii. Commercial Automobile Liability Insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage; and

iv. Fire damage liability shall be included at $500,000.00.

d. [**OR** if the project cost is between $500,000 and 1,000,000.00, it falls under PRM’s Guide III for Extensive Contracts. It is unlikely that we would be using an ICA for extensive contracts;

that would almost always be done via an AIA. LAM/JDC to discuss if/when needed for an ICA]

e. CONTRACTOR must furnish the COUNTY with Certificates of Insurance, which are to be signed by a person authorized by that insurer to bind coverage on its behalf. The COUNTY is to be specifically included as an additional insured and loss payee on all policies except Workers’ Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate must be issued 30 days prior to the expiration date. The policy must provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the COUNTY before commencement of any work activities.

f. The insurance coverages procured by CONTRACTOR as required herein will be considered as primary insurance over and above any other insurance, or self–insurance, available to CONTRACTOR, and any other insurance, or self-insurance available to CONTRACTOR will be considered secondary to, or in excess of, the insurance coverage(s) procured by CONTRACTOR as required herein.

10. General Provisions. CONTRACTOR must comply with the following general provisions:

a. Bond. If a surety bond has been required by the Bid Documents for CONTRACTOR’s faithful performance and payment, and if at any time the surety is no longer acceptable to the COUNTY, CONTRACTOR must, at its expense, within five (5) days after the receipt of notice from the COUNTY to do so, furnish an additional bond or bonds in such form and with such Surety or Sureties as are satisfactory to the COUNTY. The COUNTY will not make any further payment to CONTRACTOR, nor will any further payment be deemed to be due to CONTRACTOR, until such new or additional security for the faithful performance of the work is furnished in a manner and form satisfactory to the COUNTY.

b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted.

c. Personal nature of Agreement; Assignment.

i. The parties acknowledge that the COUNTY places great reliance and emphasis upon the knowledge, expertise, training, and personal abilities of CONTRACTOR. Accordingly, this Agreement is personal, and CONTRACTOR is prohibited from assigning or delegating any rights or duties hereunder without the specific written consent of the COUNTY.

ii. If CONTRACTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, CONTRACTOR must obtain the written approval of the COUNTY Project Manager prior to engaging such subcontractor or professional associate. CONTRACTOR will remain fully responsible for the services of any subcontractors or professional associates.

d.…