Solicitation 27-P-873.pdf

Proposal #27-P-873

CITY COMMISSION

LARGO, FLORIDA

REQUEST FOR PROPOSAL

Solicitation #27-P-873 Date: October 23, 2026

Sealed proposals will be received electronically through PlanetBids by the City of Largo Office of Performance and Budget, located at Largo City Hall, 440 West Bay Drive, Largo, Florida 33770, until:

November 23, 2026 11:00 a.m., local time

FOR

NELAC Certified Analytical Services

Said proposals should conform to the minimum requirements outlined in the request for proposal. The City reserves the right to reject any and all offers and to waive minor informalities.

Submission and Receipt of RFP’s

Respondents must submit their response to this RFP by electronic submission through the free on-line services of PlanetBids. All documents and attachments must be uploaded by the date and time indicated. Solicitation responses uploaded to PlanetBids after the solicitation response due date and time shall not be considered. It is the sole responsibility of the respondent to ensure that its solicitation response is uploaded and submitted before such date and time. The City of Largo is not responsible for delays caused by power outages or internet failures. No exceptions will be made.

Late offers will be rejected.

Any questions regarding any portion of this Request for Proposal shall be submitted through the Q&A option within PlanetBids. Deadline for questions is end of business November 3, 2026. Questions will be answered via the Q&A option in PlanetBids. The opening will be held at the date and time listed above at the municipal building, Horizon West Bay, located at 440 West Bay Drive, Largo, FL.

BY ORDER OF THE CITY COMMISSION

LARGO, FLORIDA

Mecca Serfustini, Contracts & Procurement Manager Office of Performance and Budget

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TABLE OF CONTENTS

PROJECT SPECIFIC INFORMATION

Problem Statement

Goals

Performance Metrics

Contract Management

Scope of Work

1. Certification

2. Quality Control

3. Testing Methodology

4. Method Detection Limits/Reporting Limits

5. Contractor Requirements

6. Turnaround Time

7. Reporting of Results

8. Business Hours

9. Method of Shipping

Evaluation and Selection Criteria

Period of Contract

Option of Renewal

Timeline of Events

SPECIFIC PROPOSAL REQUIREMENTS

Format

Section A – Proposer Information Form

Section B – Table of Contents

Section C – Experience

Section D – Laws & Regulations

Section E – Industry Leadership

Section F – PFAS Testing

Section G – Holding Times & Preservation

Section H – Subcontracting

Section I – Program Management

Section J – E-Data Base

Section K – Solvency

Section L – Testing

Section M – Cost

Section N – Required Certifications

GENERAL PROVISIONS

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Definitions

Preparation of Request for Proposal

Submission and Receipt of Proposals

Acceptance of Offer

Discrepancies, Errors, and Omissions

Right to Reject Proposals

Compensation

Payment

Fiscal Non-Funding Clause

Conflict of Interest

Public Entity Crimes

Options

Subcontracting

Failure to Submit Proposal

Default of Contract

Modification for Changes

Order of Precedence

Examination of Records

Proposals Received

Contacting or Soliciting from City Staff

Hold Harmless

Qualifications of Proposer

Disqualification of Proposer

Licenses and Permits

Provisions for Other Agencies

Applicable Law and Venue

Public Records Responsibilities

Attorney Fees

Additional Information

EXHIBITS

Proposal #27-P-873 Page | 4

PART I

PROJECT SPECIFIC INFORMATION

FOR

NELAC Certified Analytical Services

RFP #27-P-873

Problem Statement The City of Largo’s Environmental Services Department is seeking proposals for Analytical Laboratory Services for the Wastewater Reclamation Facility (WWRF) located at 5100 150th Avenue North, Clearwater, FL 33760. Firms capable of providing demonstrated, responsive, and dependable service that supports the Department’s efforts in the delivery of high-quality reclaimed water, maintaining regulatory compliance, and practicing good environmental stewardship are invited to reply.

Goals The City seeks to meet the following goals:

• Avoid gaps in service

• Maintain regulatory compliance

Performance Metrics Poor performance by the selected vendor may result in early contract termination. In addition to the quality of work conducted, the performance of this contract will be measured by the selected vendor’s ability to:

• maintain regulatory compliance

• complete work in accordance with expected timelines

• ability to work effectively with City staff

Contract Management The Office of Performance and Budget (OPB) will facilitate the contract creation, amendment, and renewal processes; while the City’s Environmental Services Department will manage the operational execution (receiving, payment, service, etc.).

Scope of Work

1. Certification a.) In the event a subcontractor is utilized by the primary contractor to respond to all categories, the subcontractor must meet all the certification specifications of the primary contractor.

b.) The successful proposer must be National Environmental Laboratory Accreditation Conference (NELAC) certified by the Florida Department of Health (FDOH) under Chapter 64E-1 of the Florida Administrative Code for wastewater analyses for all wastewater parameters included in the proposal process. A copy of the proposer's FDOH Certification must be included in the proposal package. The proposer must maintain certification for all wastewater tests performed throughout the term of the contract. Anytime FDOH issues a new Certification documentation, a copy must be provided to the City.

2. Quality Control a.) The City of Largo produces a heat dried domestic waste residual, and the analysis of this matrix is challenging. The analysis requires manual pulverization prior to digestion to assure complete recovery of all parameters. The successful proposer may be required to conduct an analysis of the

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Largo domestic residual and a double-blind standard. Satisfactory results for the double-blind standard may be required before the laboratory’s proposal is accepted for contracting.

b.) The City of Largo’s Environmental Manager and/or Environmental Compliance Supervisor shall be allowed to conduct an audit of the laboratory's quality systems including the laboratory's Quality Manual on an annual basis as requested. The audit shall be conducted utilizing the checklists used by the FDOH for NELAC certification.

c.) The Contractor shall ensure that the essential laboratory quality control measures are consistent with Chapter 5 of the most recently approved version of the National Environmental Laboratory Accreditation Program (NELAP) standards.

d.) Quality Control (QC) samples may be sent periodically to the contracted laboratory and the results will be used to assess the accuracy of the laboratory analyses. Unsatisfactory performance on any QC samples may result in a cancellation of the contract at any time during the contract period at the City's discretion. Prior to contract renewal, the City of Largo's Environmental Services Department is to receive the most recent proficiency testing results and any audit results reported to FDOH by the auditor.

3. Testing Methodology a.) All tests must be performed using EPA approved methods listed in Title 40 Code of Federal Regulations Part 136, unless no test method is listed for the parameters listed in the proposal specifications. All sample container preparation, preservative documentation, sample shipping and receiving protocols, sample custody, and analytical methodology shall follow the guidelines of Chapters 64E-1, 62-4, 62-160, 62-302, 62-520, 62-601, 62- 610, 62-625, and 62-640 of the Florida Administrative Code (F.A.C.) and FDEP SOP QA 002/02.

b.) Heat dried domestic residuals or wet cake must be prepared and analyzed in accordance with the United States Environmental Protection Agency publication - POTW Sludge Sampling and Analysis Guidance Document, 1989.

4. Method Detection Limits/Reporting Limits a.) Method detection limits must be below the regulatory limits listed in the proposal specifications.

Method detection limits for raw domestic wastewater, partially treated wastewater, and industrial wastewater analyses may be reported above the regulatory limit if noted in the remarks of the chain-of-custody or as noted in the proposal specifications.

5. Contractor Requirements a.) The Contract Laboratory shall provide the necessary sampling containers with the appropriate preservative, where applicable, in insulated containers suitable for field sampling and shipping. All sample container kits must be prepared and documented in accordance with FDEP - QA-002/02.

6. Turnaround Time a.) The turn-around time required by the City is within 10 working days for routine items from the analyte list. In the event of an emergency or rush, as specified by the City, the turnaround time of the Contract Laboratory shall be less than 7 working days. Surcharges for rush analyses should be noted. Results from Priority Pollutant, Ground Water Monitoring and Drinking Water analyses are required within 15 working days.

7. Reporting of Results a.) Final reports of weekly and monthly testing shall be submitted via email to the City of Largo

Proposal #27-P-873 Page | 6 within two (2) working days after the completion of all the tests for a sample. Results of analyses must also be submitted in a digital format, as specified by the City, and capable of being uploaded into the City applications and LIMS.

b.) Invoices shall be submitted via e-mail with the final report for any sample.

c.) Invoices and final reports shall contain discrete and unique identification of the sample. The report shall contain identification of the sample matching the original Chain of Custody (COC), the COC number, and the sample identification recorded on the invoice.

d.) A copy of the original Chain-of-Custody form with the signature of the sample receiver, date, and time of the receipt of the sample, is to be included in the final report.

e.) Date of each individual analyses, along with method number, detection limits and analyst identification will be a part of the final report for a sample or a sampling event.

f.) No data will be accepted that is not usable due to problems with the analysis. Data that does not meet NELAP criteria must be qualified using FDEP data qualifiers defined in the most current version of F.A.C. 62-160. Furthermore:

i.) Q qualifiers are not acceptable. If a sample is not analyzed within the acceptable holding time, the contractor must immediately request a replacement sample. The expired sample shall still be analyzed, and the results reported with the Q qualifier at no charge to the City of Largo.

ii.) V qualifiers must accompany sample results if the analyte of interest was measured above the method detection limit in the method blank and the associated sample. If any sample in the associated batch contains the analyte at a level less than ten times that which was measured in the method blank, all the samples in the batch must be reprocessed (NELAC 2003, Appendix D.1.1.1 d(1)).

iii.) J qualifiers are acceptable under certain circumstances. Sample results produced from analytical batches with failed continuing calibration verification (NELAC 5.5.5.10 e) or failed second source standard verifications (NELAC 5.5.5.2.2.1) are not acceptable and the samples must be reanalyzed, unless the criteria found in NELAC 5.5.5.10 e) 1) or e) 2) are met (continuing calibration exceeds the acceptance criteria with high bias and the analyte is not detected in the associated samples or continuing calibration fails with low bias and the associated samples have exceeded a maximum regulatory limit/decision level).

iv.) Samples demonstrating matrix interference must be evaluated on a case-by-case basis. The laboratory must attempt to eliminate matrix interferences using sample dilution or other procedures allowed for in the method if demonstration with the associated regulatory limit can still be achieved.

Samples with matrix interference must be qualified with J and have a narrative description of the QC failure. J qualifiers may be used for data with failed laboratory control standards only under the criteria found in NELAC Appendix D.1.1.2.1.

8. Business Hours a.) The Contract Laboratory shall indicate what constitutes the company's work week, business hours, emergency response during off hours, and a list of holidays the company observes. If assessed, surcharges for extended business hours, weekend, or holiday lab time shall be included.

9. Method of Shipping a.) Transportation charges for samples and sampling containers conveyed to and from the Largo

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Wastewater Reclamation Facility (WWRF), 5100 150th Avenue North, Clearwater, Florida 33760, should be included in all unit prices. The City will assume no charges for sample bottle delivery or sample pick-up. If shipping by common carrier is required, all shipping labels, coolers, and packing materials will be provided by the contracted lab. The contracted lab shall also arrange for the pickup of the samples at the WWRF laboratory for shipment.

b.) For laboratories outside of the Largo Sewer District, please note that CBOD and fecal coliform analyses are a part of the normal, seven-days-per-week routine. These samples must be analyzed by the contract lab or the designated subcontractor within the appropriate holding time. Sanitary Sewer Overflows shall be analyzed within 12 hours.

Evaluation and Selection Criteria Proposals will be evaluated by the City based on how comprehensively the following criteria are addressed. Please see Part II of this document for additional standardized documentation and submission formatting requirements.

Evaluation Criterion Maximum Points

Experience – Has experience in Florida with a like sized government. Holds at least one contract within the State of Florida with a like sized operation and provided three references from within the past five years. Demonstrated expe-rience with industrial analytics.

Laws & Regulations - Demonstrated an understanding of Florida laws and regulations

Industry Leadership - Demonstrated involvement in industry leadership ac-tivities.

PFAS Testing – Demonstrated a sound methodology, significant experience, and innovative methods.

Hold Times – Provided a reasonable and compliant Holding Times & Preser-vation Document/Chart/List.

Cost – Cost presented were competitive and reasonable. 50

Program Approach/Management – Identified a dedicated project manager, an appropriate and reasonable plan for workload management.

E-Data-base – Provides cloud based e-data access. 50

Solvency – Demonstrated maintaining business size, or growth, in the past five years.

Testing – Provided acceptable proficiency testing and external lab assess-ment results for the last year.

Period of Contract Contract shall be for a period of five years of Effective Date of the contract.

Option of Renewal This agreement may be renewed in two-year increments by mutual agreement of the parties.

Timeline of Events Dates are tentative and subject to change at City’s sole discretion.

TASK COMPLETION

DATE

Release of RFP October 12, 2026

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Deadline to receive questions (to City) November 3, 2026

RFP Responses Due by 11:00 am local time November 23, 2026

Evaluation Committee Meeting December 9, 2026

City Commission Award Approval (effective date) January 5, 2027

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PART II

SPECIFIC PROPOSAL REQUIREMENTS

FOR

NELAC Certified Analytical Services

RFP #27-P-873

Format

To assure consistency, proposals must conform to the following format:

Section A – Proposer Information Form Use the form provided in PlanetBids.

Section B – Table of Contents Identify proposal material by section and page number.

Section C – Experience Describe your prior experience with like sized Florida governments. Include at least three references to include one active contract of comparable size.

Section D – Laws & Regulations Describe how your organization stays up to date on changing rules and regulations.

Section E – Industry Leadership Describe how your organization has participated in industry leadership activities (i.e. publications, conference presentations, etc.)

Section F – PFAS Testing Explain your methodology and experience with PFAS Testing.

Section G – Holding Times & Preservation Provide your Holding Times & Preservation Document/Chart/List.

Section H – Subcontracting Where proposers do not have the "in-house" capability to perform work desired in the Request for Proposal, subcontracting may be permitted with prior knowledge and approval of the City. The City must be assured and agree that any proposed subcontractor(s) can perform work of the desired quality and on time. Therefore, the name(s) and area of expertise of any intended subcontractor(s) should be given in this section of the Proposal.

Section I – Program Management Present the team that will be responsible for the City of Largo’s contract. Define when a position is a rotating position verses a dedicated employee. What is your company’s approach to workload management. For example, if you maintain certain client/employee ratios, please define those ratios here.

Section J – E-Data Base Provide a sample of the e-database. Specify whether it is cloud based or not.

Section K – Solvency Describe your business growth over the past 5 years. If the business maintained its service level, but did not grow, please specify this detail.

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Section L – Testing Provide Proficiency Testing for the past year and the most recent External Lab Assessments Auditor’s findings.

Section M – Cost Use the provided Bid Form and submit in an excel format. The Bid Form consists of several worksheets:

1. Proposal Cost Input Matrix

2. Proposal Cost Summary

3. Parameters by Table Number

4. Alternate Method & Detection Limits table

Proposal Cost Input Matrix:

The list of parameters for anticipated analyses is arranged in seven sections, grouped by frequency of analysis. Most of the analytical work will be requested by the matrix and name of the individual group.

Please provide the cost for the individual test in the “Cost per Test” field of the matrix. The spreadsheet will calculate the Annual Cost (analyte price x estimated number of tests per year based on frequency) and will total the column in the “Annual Cost” for each group.

Please do not alter these protected fields. Use a zero cost for parameters already covered within a category and notate its inclusion in the comment section. For example, the cost of analysis for metals may be charged to the first parameter in the panel and zeros for the rest.

Proposal Cost Summary:

The spreadsheet will automatically populate the Proposal Cost Summary sheet. Do not enter data directly into these fields (except for “Name of Proposing Lab” field). Please check these values to ensure that bid totals have carried forward from the “Cost Input Matrix”.

Parameters by Table Number:

Some parameters are condensed into a single line of text on the “Proposal Cost Input Matrix”;

however, the testing category is expanded on the “Parameters by Table Number” sheet. Please review these parameters for inclusion in the bid and notate any that are beyond the bid scope on a separate sheet.

Alternate Method & Detection Limit Table:

If the proposer chooses to submit a different test method than those listed, place an asterisk (*) adjacent to the Item No. (the first column) and complete the needed information for Cost per Test.

The method number and detection limits for the alternate method should be placed on the “Alternate Method” table for the affected parameter.

If Regulatory Limits are listed for Detection Limits, the values are placed within parentheses.

If more space is needed, please attach additional pages with explanation.

Section N – Required Certifications Use form provided.

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PART III

GENERAL PROVISIONS

FOR

NELAC Certified Analytical Services

RFP #27-P-873

Definitions (as used herein)

a. The term "Request for Proposal" means a solicitation of proposals. The acronym "RFP" means

Request for Proposal.

b. The term "proposal" means the offer of qualitative evaluations by the proposer.

c. The term "professional services" means those services of architects, auditors, dentists, engineers, landscape architects, lawyers, physicians, psychologists, surveyors, and any other professional service as determined by the City.

d. The term "proposer" means the one making an offer.

e. The term "Change Order" means a written order signed by the Office of Performance & Budget or authorized representative directing the Proposer to make changes to a contract or purchase order resulting from the RFP.

f. The term "City" means the City of Largo, Florida.

g. The term "City Commission" means the governing body of the City of Largo.

Preparation of Request for Proposal

a. Proposers are expected to examine the minimum requirements and all special and general conditions.

Omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract document, will not be accepted as a basis for varying the requirements of the City or the compensation to the Proposer. Failure to do so is at the proposer's risk. The proposer shall sign the Request for Proposal and print or type his/her name, address, and telephone number on the face page.

b. The apparent silence of any supplemental minimum requirements as to any details or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made upon the basis of this statement.

c. Respondents must submit their response to this RFP by electronic submission through the free on-line services of PlanetBids. All documents and attachments must be uploaded by the date and time indicated. Solicitation responses uploaded to PlanetBids after the solicitation response due date and time shall not be considered. It is the sole responsibility of the respondent to ensure that its solicitation response is uploaded and submitted before such date and time. The City of Largo is not responsible for delays caused by power outages or internet failures. No exceptions will be made.

d. The firm should retain a copy of all documents for future reference.

e. All proposals must be signed with the firm name and by an officer or employee having authority to bind the firm by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the proposal. Use Sunbiz website screen shot or include a copy of Corporate Resolution.

f. Failure to follow the instructions in the Request for Proposal is cause for rejection of offer.

Submission and Receipt of Proposals http://www.sunbiz.com/ http://www.sunbiz.com/

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a. Proposals must be received before the specified time as designated in the RFP. A list of firms who submitted proposals will be furnished, upon request.

b. Proposals shall be submitted electronically through the on-line services of PlanetBids.

c. Email proposals will not be considered however, proposals may be modified by email and fax notice, provided such notices are received prior to the hour and date specified.

d. Late proposals will be rejected.

e. Proposals having any erasures or corrections must be initialed by the offeror in ink. Proposals shall be signed in ink. All amounts shall be typewritten or completed in ink.

f. Debarment Form must be completed and attached to proposal.

g. Foreign Countries of Concern Affidavit must be completed and attached to proposal.

Acceptance of Offer

The signed proposal shall be considered an offer on the part of the proposer; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Blanket Purchase Order, or other contractual document.

The contract will be awarded to the most responsible and responsive proposer whose proposal best meets the minimum requirements, and criteria set forth in this RFP.

The City reserves the right to accept or reject any and all proposals or parts of proposals, waive minor informalities, and to request clarification of information from any proposer.

The City reserves the right to award the contract on a split-order, lump-sum, or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified.

Discrepancies, Errors, and Omissions

Any discrepancies, errors, or ambiguities in the Request for Proposals or addenda (if any) should be reported in writing to the City's Contracts & Procurement Administrator. Should it be found necessary, a written addendum will be incorporated in the Request for Proposals and will become part of the Purchase Agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications.

Right to Reject Proposals

Right is reserved to reject any or all proposals and to disregard typographical, mathematical, or obvious errors. The City will not pay costs incurred by any proposer in the preparation of proposals.

Compensation

Compensation, which is determined to be fair, competitive, and reasonable will be considered during the negotiations of a final contract with the selected proposer.

Payment

Billing to the City will be no more frequently than monthly and no less frequently than quarterly for the portion of work completed.

Fiscal Non-Funding Clause

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In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Proposer of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City.

Conflict of Interest

Proposer acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112, Florida Statutes or Chapter 2, City of Largo Code of Ordinances, including but not limited to the prohibition against gratuities and kickbacks in Section 2-279, City of Largo Code of Ordinances.

The proposer certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of Largo, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this proposal. Financial interest includes ownership of more than five percent of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the proposal or of any subcontractor or supplier thereof providing goods or services in excess of ten percent of the total proposal amount.

Additionally, the proposer, on company letterhead, must divulge at the time of proposal submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Largo who has a financial interest, as defined herein, in providing the goods or services specified in the proposal.

The City, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the proposal.

Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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.

Options

When the City requests proposals with options regarding the extent of services to be provided, the City requests all proposers to provide a cost breakdown for each option proposed. Although all options may be purchased, some may not. The City reserves the right to decide, at its discretion, which options shall be purchased.

The City reserves the right to engage more than one firm if it is believed that different firms might best serve the City's interests in performing different segments of the work (e.g., one firm to provide building estimates, and another to provide infrastructure estimates).

Subcontracting

Where proposers do not have the "in-house" capability to perform work desired in the Request for Proposal, subcontracting may be permitted with prior knowledge and approval of the City. The City must be assured and agree that any proposed subcontractor(s) can perform work of the desired quality and in a timely manner.

Therefore, the name(s) of any intended subcontractor(s) should be given in the Proposal.

Failure to Submit Proposal

If you do not wish to submit a proposal, return the RFP and state reason; otherwise, your name may be removed from our mailing list.

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Default of Contract

In case of default by the proposer, the City may procure the services from other sources and hold the proposer responsible for any excess costs occasioned or incurred thereby.

Modification for Changes

No agreement or understanding to modify this RFP and resultant purchase order or contract shall be binding upon the City unless made in writing by the Office of Performance and Budget.

Order of Precedence

In the event of an inconsistency between provisions of the RFP, the inconsistency shall be resolved by giving precedence in the following order: (a) General Provisions; and (b) the minimum requirements.

Examination of Records

The proposer shall keep adequate records and supporting documentation applicable to the subject matter of this RFP to include, but not be limited to, records of costs, time worked, working paper and/or accumulations of data, and criteria or standards by which findings or data are measured. Said records and documentation shall be retained by the proposer for a minimum of one year from the date the contract is completed and accepted by the City. If any litigation, is started before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings, involving the records have been resolved, unless otherwise instructed by the City. Should any questions arise concerning this contract, the City and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at City expense. Proposers shall be authorized to retain microfilm copies in lieu of original records if they so desire.

Any subcontractor(s) employed by a proposer who is subject to these requirements and the proposer is required to so notify any such subcontractor(s).

Proposals Received

All proposals received in response to this RFP become the property of the City.

Contacting or Soliciting from City Staff

The proposer, including its agents and associates, shall refrain from contacting or soliciting any staff member or official of the City regarding this RFP upon the release of the RFP through the time of notification of award.

Failure to comply with the provision may result in disqualification of the firm.

Hold Harmless

The parties recognize that the Proposer is an independent contractor. The Proposer agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of the terms and conditions of this Agreement, Invitation for Bid or Request for Proposal, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys excluding only the sole negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys. The Proposer's liability hereunder shall include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Proposer against the City and the Proposer hereby waives its entitlement, if any, to immunity under Section 440.11, Proposal #27-P-873 Page | 15

Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement.

Qualifications of Proposer

A proposer may be required, before the award of any contract, to show to the complete satisfaction of the City that they have the necessary facilities, equipment, ability, and financial resources to perform the work in a satisfactory manner within the time specified.

Disqualification of Proposer

Any or all proposals will be rejected if there is any reason for believing that collusion exists among the proposers, and participants in such collusion will not be considered in future proposals for the same work.

Licenses and Permits

The Proposer shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the City of Largo. The Proposer must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work.

Provisions for Other Agencies

Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to the Government agencies, departments, and municipalities the prices submitted in accordance with said terms and conditions therein, should any said governmental entity desire to buy under the proposal.

Applicable Law and Venue

This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Sixth Judicial Circuit Court in and for Pinellas County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Tampa Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts.

Public Records Responsibilities

Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Proposer on behalf of the City, Proposer shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the City to perform the work contemplated by this Agreement; (b) upon request from the City’s custodian of public records, provide the City with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt

Proposal #27-P-873 Page | 16 or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion or termination of this Agreement, if Proposer does not transfer the records to the City in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the City, in its sole and absolute discretion, requests that all Public Records in possession of Proposer be transferred to the City, Proposer shall transfer, at no cost, to the City, all Public Records in possession of Proposer within thirty

(30) days of such request or (ii) if no such request is made by the City, Proposer shall keep and maintain the Public Records required by the City to perform the work contemplated by this Agreement. If Proposer transfers all Public Records to the City pursuant to (d)(i) above, Proposer shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the City and provide the City with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Proposer keeps and maintains Public Records pursuant to (d)(ii) above, Proposer shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology of the City. If Proposer does not comply with a Public Records request or does not comply with a Public Records request within a reasonable amount of time, the City may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which Proposer is acting on behalf of the City.

IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone number: (727) 587-6710 ext. 7003 E-mail address: dbruner@largo.com

Mailing address: City of Largo, Attn: City Clerk, P.O. Box 296, Largo, Florida 33779-0296

Attorney Fees

In the event of legal action or other proceeding arising under this Contract, the prevailing party shall be entitled to recover from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution or defense of such action, or in any post-judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be entitled to recover any reasonable attorneys’ callto:%28727%29%20587-6710

Proposal #27-P-873 Page | 17 fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party. The reasonable costs to which the prevailing party will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or guideline.

Additional Information

Additional information may be obtained from the Office of Performance and Budget, (727) 587-6740, or from the individual listed on the RFP cover letter.

Proposals received in response to this Request for Proposals are exempt from disclosure under the Public Records Law until such time as an award decision has been made known or until thirty days after the Proposal opening, whichever occurs earlier. Each proposer shall clearly mark each page of its proposal that contains trade secrets or other information which the proposer believes is exempt from disclosure pursuant to Article I, Section 24 of the Florida Constitution and Chapters 119 and 286, Florida Statutes (commonly referred to as the “Sunshine Laws”). Disclosure of information marked according to the requirements of this section in response to a public records request will be determined by the City in its sole and absolute discretion and in accordance with the Florida laws, rules, and regulations. If there is no information marked as exempt by the proposer, the City will assume that the proposer does not claim that any portion of its proposal is exempt from disclosure under the Sunshine Laws.

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EXHIBITS

FOR

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